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Subject: Candidate to "Official" board member
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Author Messages
RayG3
(California)

Posts:5


08/10/2019 4:51 PM  
I'm in a CA HOA. If a candidate is voted on to the board at an election but that candidate was not able to be present, it that candidate automatically a board member? or do they have to be present? I can't find any laws online that refers to this. The only thing I found is that an election can be held without a meeting which infers that no one has to be "present".

Thanks
KerryL1
(California)

Posts:6712


08/10/2019 5:34 PM  
Sounds like you're saying the candidate was not present at the annual meeting & election. But the votes were tabulated and that candidate, and perhaps others too, were elected. Right?

There is no legal requirement in CA that the newly elected director be present at the annual meeting of the members & election.

Are you on the board? Are you that newly elected director? If not, Are you sure s/he still wants to be on the board? Why do you ask your question?
MelissaP1
(Alabama)

Posts:8762


08/10/2019 7:05 PM  
I don't think one has to be present to be elected. It's not like a raffle where must be present to win. The person may not have been able to make it in person that day at election time for personal reasons. Let's say kid's school play was that night same time as meeting. Should that disqualify them? Having family values?

What is even crazier? That someone can be elected that doesn't pay dues. They may not be in "good standing" to cast their vote for a candidate but doesn't stop them from being elected themselves. Although most people wouldn't vote for a person who doesn't pay their dues. It doesn't mean they can't run for an office in many HOA's.

Former HOA President
RayG3
(California)

Posts:5


08/18/2019 10:21 PM  
The question refers to an incoming board member that was recently elected. She was not able to be there due to planned family events. One of the other board members was asking whether she was automatically a board member once the votes are tabulated and made official...or does she have to be present a meeting to make it official?

I was formally on the board (former president too) and I still help with advice to the current boards when they need it. I believe she is officially on the board once the votes are tabulated and made official regardless whether she was there or not. I couldn't find anything online referring to this.

Thanks
JohnC46
(South Carolina)

Posts:8877


08/19/2019 8:49 AM  
RAy

How was it handled in the past? Were newly elected BOD Members placed on the BOD immediately? If so, so was she even though not there.
GenoS
(Florida)

Posts:3364


08/19/2019 2:29 PM  
Unless your HOA documents require some sort of coronation ceremony I think she's a director even though she wasn't physically present at the meeting where the election was held. I don't understand why that would be a big deal.
KerryL1
(California)

Posts:6712


08/19/2019 3:18 PM  
As with my earlier reply above, I agree with Geno. If someone else thinks she needed to be "present to win," let them show her/ you where that is written. Can't quite recall but the results of the election are supposed to be posted or published or soemthing within 15 days of the election. Has that happened??

The relates show have been announced at the annual meeting. did that happen. Was there an organization meeting right after or shortly after the election and the new board chose officers?

Go to davis-stirling.com, Ray, and scroll to elections to see the relevant laws. Your own bylaws probably say something too about election results.
RichardP13


Posts:0


08/19/2019 7:18 PM  
The only way that would be required is if the rule was in their Election Rules, which, as people in California should know, are required for each HOA.
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