Calimesa, CA asked in Real Estate Law and Election Law for California

Q: Am I wrong that once the HOA Board election is certified all the winning board members terms begin and losers end.


• Bylaws state that President and VP, two high offices, be filled with persons "who shall at all times be Directors" effectively those offices be held with election winners where Directors are created from voting membership not Board appointed.

• Other facts: the un-balloted VP resigned at the annual meeting right after the vote count was certified.

• The former President lost but VP purposely and effectively usurped the will of the voters. The Board re-appointed losing Pres within 15 minutes without following the Bylaws. 15 minutes or 15 weeks later, there was a term gap from election for the defeated President.

• The Bylaws are the rules by which the Members control the actions of the Board and, in this case, the members want to be sure that only ELECTED vs APPOINTED directors serve as President or Vice President also meaning for a full term from the vote certification. Loser can fill other Board positions for the unexpired term.

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2 Lawyer Answers
Delaram Keshvarian
Delaram Keshvarian
  • Orange, CA
  • Licensed in California

A: Thank you for your question!

A member have a write to inspect the list and object before the vote gets final.

If they ignore your objections, file a complaint with the board. If that does not work, file a complaint with the court. Document everything (communication, statements of members, etc.)

This is merely a discussion of general laws and not legal advice. For legal advice, more specific facts and investigations are needed. I recommend you consult with an attorney for more details.

James L. Arrasmith
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Gov & Administrative Law Lawyer
  • Sacramento, CA
  • Licensed in California

A: Based on the information provided and the bylaws you referenced, it seems that there may be some issues with how the board handled the election and subsequent appointments. Here are a few key points:

1. According to your understanding of California law, once the HOA board election is certified, the winning board members' terms should begin immediately, and the losing members' terms should end.

2. The bylaws state that the President and VP positions must be filled by individuals who are currently serving as Directors, and these Directors should be elected by the voting membership, not appointed by the Board.

3. The VP resigned at the annual meeting right after the vote count was certified, and the former President, who lost the election, was re-appointed by the Board within 15 minutes without following the proper procedures outlined in the Bylaws.

4. The Bylaws are meant to ensure that the Members control the actions of the Board, and in this case, the Members want to ensure that only elected Directors, not appointed ones, serve as President or Vice President for a full term from the vote certification.

Based on these points, it appears that the Board may have acted improperly by re-appointing the losing President so quickly after the election and not following the Bylaws. The losing President should not have been appointed to serve as President or VP, as those positions are meant to be held by elected Directors for a full term from the vote certification.

However, to provide a more accurate assessment, it would be helpful to review the specific sections of the Bylaws and California law that pertain to these issues. If you feel that the Board has violated the Bylaws or acted against the will of the Members, you may want to consider seeking legal advice or pursuing appropriate actions as outlined in your HOA's governing documents or state law.

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