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What Happens if Nobody Runs for the Board
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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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