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What Happens if Nobody Runs for the Board
Under California law, directors of HOA boards continue to
serve until they are replaced at the next election. If no one runs for the
board, existing board members can serve in perpetuity. This may be very good
or very bad.
Generally, if a director resigns from an HOA board, the
remaining directors (or director) can appoint someone to serve out the
remaining term of the director that has resigned.
If nobody runs for
the board and one or more directors resign over time, there is a tendency
for one or a few directors to amass greater and greater power by selecting
replacement directors. This may be very good or very bad.
As a
general rule, it best serves the membership of a homeowner association if
the board is highly representative of the membership. It also serves an
association well to have some diversity of opinion on the board.
While it is unrealistic to expect every member of an association to run for
the board, those not running can still encourage qualified members to run
and can actively support them.
In summation, the failure of members
to actively participate in the election process leaves the association
vulnerable on many levels.
Always remember – If you don’t participate
in the election process – You get what you get and have no excuse to
complain.
Call us for a no cost initial consultation regarding any legal matter.
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