Board elections

Board elections are where owners actually take the association back — or fail to. Notice, nominations, proxies, quorum, and who counts the ballots are not "however we have always done it." Several states write those steps into statute and then say the statute wins over the bylaws. California is the strictest large-state example. Florida HOAs are looser than Florida condos. Do not import one state's election kit into another.

What almost every set of bylaws still controls

Unless a statute says otherwise, the bylaws still decide board size, term length, staggered seats, whether cumulative voting exists, and whether a candidate must be a member in good standing. Read those clauses first. Then overlay the state procedure.

California: secret ballots, inspectors, and a 30-30 clock

California Civil Code section 5100 requires secret-ballot procedures for elections regarding assessments that legally require a vote, election and removal of directors, governing-document amendments, and grants of exclusive use of common area under section 4600. An association must hold a director election at the expiration of the corresponding director's term and at least once every four years. The article applies to incorporated and unincorporated associations even if the governing documents say otherwise, and it prevails over a conflicting Nonprofit Mutual Benefit Corporation Law election rule.

Inspectors. Section 5110 requires one or three independent third-party inspectors. An inspector may be a member, but may not be a director, a candidate, or related to one, and may not be a person or business currently employed or under contract to the association for other paid work. Inspectors determine voting power, authenticity of proxies, receive ballots, hear challenges, count, and certify results. If the association uses electronic secret ballots, the inspector must also ensure voter authentication, ballot integrity, a receipt, permanent separation of identity from the ballot, and a device-test method at least 30 days before the voting deadline.

Notice and ballots. Section 5115 (as amended effective January 1, 2026) requires general notice of nomination procedures and deadline at least 30 days before the nomination deadline, for director elections and recall elections. At least 30 days before ballots are distributed, general notice must include the return deadline and address, electronic-voting instructions if used, the meeting at which quorum will be determined and ballots counted, and the candidate list. Ballots and two preaddressed envelopes must be mailed or delivered at least 30 days before the voting deadline (unless the member is voting electronically). The double-envelope method is modeled on county vote-by-mail: unsigned inner ballot, signed outer envelope. A voter may not be identified by name or unit on the ballot itself.

Quorum. A quorum is required only if the governing documents or other law say so. Each ballot received counts as a member present for quorum. If a director election lacks quorum, the association may adjourn to a date at least 20 days later, at which the quorum to elect directors is 20 percent of members voting in person, by proxy, or by secret ballot — unless the governing documents already set a lower reconvened quorum. General notice of that reconvened meeting goes out at least 15 days prior.

Proxies still exist in California HOAs, but the inspector decides their authenticity, and the election of directors is designed around mailed or electronic secret ballots rather than a floor fight. Cumulative voting is allowed only if the governing documents provide for it, using the same secret-ballot procedures.

Florida HOAs: governing documents first, then statute

Florida section 720.306 is the HOA membership-meeting and election statute. It is not the Florida condominium election statute (chapter 718), which bans general proxies in director elections. Mixing those two chapters is a common mistake.

Quorum. Unless the bylaws set a lower number, quorum at a membership meeting is 30 percent of total voting interests. Decisions that need a membership vote are, unless the documents or chapter 720 say otherwise, a majority of voting interests present in person or by proxy at a meeting where quorum is attained.

Notice. The association must give actual notice of all membership meetings, mailed, delivered, or electronically transmitted not less than 14 days prior, plus an affidavit of notice in the official records. Special meetings may be called by the board or, unless the documents say otherwise, by at least 10 percent of total voting interests, and business is limited to the noticed purposes. Members may speak at least 3 minutes on agenda items.

Proxies. Unless the subsection or the governing documents say otherwise, members may vote in person or by proxy. A valid proxy must be dated, must state the date, time, and place of the meeting, and must be signed. It is good only for that meeting (including lawful adjournments), expires 90 days after the meeting date, and is revocable. If the documents allow secret ballots from members not attending a director election, Florida requires the two-envelope method similar to California's.

Nominations and the election itself. Elections of directors follow the governing documents. All members are eligible except as provided in 720.306(9)(b). A member may nominate himself or herself at the election meeting, but if candidates may be nominated in advance, floor nominations are not required. An election is not required unless more candidates are nominated than vacancies. If there are equal or fewer qualified candidates than vacancies, and floor nominations are not required, those candidates take their seats even without a quorum. Unless the documents say otherwise, directors are elected by a plurality of votes cast. Challenges must start within 60 days after results are announced.

Disqualifiers. A person delinquent on any fee, fine, or other monetary obligation on the last day he or she could be nominated may not run. A sitting director more than 90 days delinquent is deemed to have abandoned the seat. A person convicted of a felony (or an out-of-state equivalent) may not seek election unless civil rights have been restored for at least 5 years. A later finding of ineligibility does not, by itself, void board action already taken.

Ballots, sign-in sheets, proxies, and other voting records are official records and must be kept at least 1 year after the election (section 720.303(4)(a)12).

Texas and everyone else

Texas chapter 209 has its own election and open-meeting overlay (see the open-meetings guide for section 209.0051). Many other states still defer almost entirely to the nonprofit-corporation act plus the bylaws. If your state is not California or Florida, start with: (1) bylaws on notice and quorum, (2) whether proxies are allowed, (3) who is the inspector or chair, (4) how candidates get on the ballot, and (5) how long voting records must be kept.

A practical owner checklist

• Calendar the nomination deadline, not just the annual-meeting date. California's 30-day nomination notice is easy to miss.
• Ask who the inspector is and whether that person is independent under your statute.
• If you cannot attend, use the proxy or secret-ballot method the statute actually allows. Do not assume a Florida condo "no general proxy" rule applies to a Florida HOA.
• After the count, get the tabulated results. California requires general notice of results (section 5120 is the companion to 5115; confirm the current text if you are challenging).
• If the election looks broken, the deadline to challenge can be short (60 days in Florida section 720.306(9)(a)).

None of this elects a slate for you. It is the procedure the board has to survive.

This is general information from an AI helper, not legal advice. Confirm it against your documents and your state's law. If a deadline or hearing is coming up, talk to a licensed lawyer.