HOA Elections and Voting: Show Up and Vote!

Every year HOAs hold elections to elect/re-elect some or all of its board of directors. Most directors terms are staggered so most likely one to three directors are up for election. Maybe the developer is ready to turn over control to the residents and all directors are being elected. Whatever situation the Association is in, an election is a huge undertaking.

Elections are determined by the Association’s Declarations and Bylaws. They generally occur during the Association’s Annual Meeting. In most situations, a management company handles the election. There are also state statutes that govern elections regardless of what is written in the Association’s dedicatory instruments. Notice to the members is required. Ballots can be electronic or byproxy or absentee ballots (depending on the Association). One difficult requirement is that the Association has to have a quorum before elections occur.

What is a quorum? Generally speaking, it is the percentage of people required to be present at the Annual meeting to to conduct business for the Association. Some Associations have an incredibly difficult time getting the required amount of people to show up to vote for elections. This is called voter apathy. It is not only an issue in HOAs but pretty much in all elections held at almost all levels of government and local governance.

Voter apathy has been written about by law firms, management companies, and there are even empirical research papers written on the subject of HOA members and public voting. This is not just a Texas problem either. There are many blog articles from almost every state discussing the consequences of voter apathy. If members don’t show up and vote, Associations cannot conduct business. Do you want a park, a pool, want to elect directors or make sure someone makes it on the board, maybe you want to fix something that will cost a significant amount of money that needs membership approval? All of these actions cannot occur without the members. Directors are important because they are volunteers and help manage the Association. But, members are equally as important. The Association cannot survive without them. Members must vote.

How do you get members to vote!?!? There are states that have rules to reduce the number of votes or quorum percentage to allow Associations to conduct business. Texas does have a statute that deals specifically with reducing the quorum for election purposes. Some management companies promote electronic voting. Some professionals recommend appointing a committee to get the neighborhood excited about participating. Also, the Association can incentivize voting by organizing a get-together and a vote at the same time. I hope some of these suggestions help you!! Happy Voting!!