HOAs often struggle to attain “quorum,” meaning the minimum member participation needed, to conduct board elections.
Developer-drafted bylaws typically require a majority of the membership to participate in board elections. Consequently, some HOAs have not had a valid election for many years and the board just appoints persons to fill vacancies when they arise. In such a case, that means that nobody on the current board was elected by membership vote. HOA lawyers in drafting amended bylaws often add a provision allowing for a reduced quorum in director elections if quorum is not attained on the first attempt.
For most HOAs, this is a new announcement, as most reduced quorum bylaw provisions only require the new date, time, and place be announced to those attending the failed membership meeting. It should be noted that, if the HOA has complied with Civil Code Section 5103 regarding elections by acclamation, and if there are not more candidates than open seats, this process is unnecessary because in that circumstance the board can simply declare the candidates elected.
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