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The Main Reason Why A Homeowners Association Needs Rules For Elections
Posted on November 17, 2020 8:00 AM by HOA Sites
Categories: HOA Website
Some elections are complicated events and associations can’t afford to make them worse by taking actions that might invite a legal dispute.  Unfortunately, this is exactly what can happen if you organize and conduct an election without first drafting the relevant election rules.  These rules must comply with any of the pre-existing documents, as well as the laws that govern associations in your area.
 
The Inadequacy Of Governing Documents

A quick search of the homeowners association website will usually reveal that the governing documents have clauses that specify the regulations to which the association must adhere to when it organizes elections.  The presence of such clauses in the governing documents may encourage board members to presume that their association doesn’t require distinct election rules.  However, the absence of clear election rules empowers members to not only challenge the result of an election but to also take legal action.
 
The Importance Of Expert Assistance

Election rules are supposed to cover a variety of fields, including the nomination procedures, the statutes governing recalls, and secret balloting protocols.  The notion that a board member or even the director personally drafts these documents isn’t necessarily far-fetched.

Nonetheless, a majority of elected HOA members lack the expertise and experience required to produce regulations that can satisfy the needs of an association without contradicting state law.  For this reason, board members are encouraged to hire a qualified professional that can guide them through this process.

Some associations make the mistake of presuming that their communities are too small for election rules to play a significant role.  Others are too quick to dismiss the necessity of elections.  Regardless of a board members opinion, they must ensure that the most recent version of the election rules is available on the homeowners association website.  In doing so, it protects the HOA from challenges and lawsuits in the future!
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