Many board members have a hard time going through the HOA election process, especially when timelines and requirements aren’t clear. While state laws and governing documents provide some guidance, it helps to establish a clear roadmap that identifies exact steps. From setting the date of the election to announcing the results, a standard flow ensures consistency and fairness.
What is an HOA Election?
Homeowners associations and condominiums are governed by a set of directors known as the board. These directors are elected into office by their fellow homeowners. They also have certain roles and responsibilities to fulfill. Yet, as volunteers, board members don’t get paid.
An HOA election is the process in which homeowners vote for candidates to fill vacant seats on the board. The election season in an HOA or condo isn’t as demanding, but schedules can still be hectic and confusing. Establishing a clear process and calendar can make it easier for boards to ensure a fair and smooth election.
Understanding the HOA Election Process
Holding a fair board election is crucial for maintaining transparency, trust, and community engagement. It’s also the law. Under 765 ILCS 605/18 of the Illinois Condominium Property Act and 765 ILCS 160/1-25 of the Illinois Common Interest Community Association Act, there are certain requirements that associations must follow.
In addition, board members must also check their governing documents for guidance. The bylaws, in particular, should detail the election process.
That said, here are the key steps involved in an Illinois HOA election.
1. Set the Date
Before anything else, the association must set a date for the annual meeting. Elections take place at this meeting, and most governing documents require them every year. Illinois law dictates that elections must occur at least once every 24 months.
The annual meeting must align with the requirements of the bylaws. Some bylaws are more specific, such as “the second Friday of the new year,” while others are broader. If there’s some room for adjustment, boards must set the date without hitting any holidays or community gatherings.
From there, the board can work backwards and set the deadline for other key events.
2. Open Nominations
Associations must open the election to candidates. According to Illinois law, written notice must be given at least 21 days before the deadline to submit nominations. Keep in mind that the deadline should take place well before the actual elections.
If the association fails to provide notice, candidates who did not get their names on the ballot can challenge the validity of the election. For this reason, it is crucial not to miss this step.
Furthermore, the deadline for submitting candidacy must not exceed 7 days before the distribution of ballots. This way, the board has no way of altering or influencing the pool of candidates. At the same time, it helps ensure that willing homeowners have enough time to submit their candidacy.
3. Verify Candidate Eligibility
Not all nominated candidates may be eligible to run for a position on the board. Before finalizing the ballot design, board members should verify the qualifications of each candidate according to the HOA election rules.
Candidate qualifications will depend on the governing documents. In general, associations require candidates to:
- Be homeowners,
- Meet minimum residency requirements,
- Be current on their dues and assessments, and
- Not have any outstanding violations.
4. Share Candidate Statements
After the candidacy deadline, qualified candidates can then begin their campaigns. Associations should give candidates an opportunity to introduce themselves to the community. Most of the time, this is done through a candidate statement.
Candidates should also get a chance to use the association’s common areas and resources for campaigning. This includes clubhouses, bulletin boards, and newsletters.
5. Distribute Proper Meeting Notices
Board elections typically happen during the association’s annual meeting. Written notice of the meeting at which the election will be conducted must be mailed or delivered to all unit owners no less than 10 days and no more than 30 days in advance of the meeting.
This notice must include:
- The date, time, and location of the meeting
- A clear announcement that elections will take place at the meeting
- The list of open board seats
It is worth noting that additional requirements may apply depending on the voting method. For instance, if an association will use electronic voting, the notice must also reflect clear instructions on how owners may cast their votes.
6. Prepare Ballots
Ballots generally follow a simple format. Most associations ask for identifying information (name or lot/unit number) and ask to tick the name of the candidate/s they wish to vote for. All qualified candidates’ names must appear on the ballot.
That said, in condominiums, secret ballots are permitted if the governing documents say so. For secret ballots, the board can’t ask for any identifying information. Instead, the ballot can ask for the percentage of voting interest and the vote itself.
Beyond that, ballots should also make space for write-in candidates.
7. Check for Quorum
At the annual meeting, the board must verify that a quorum has been met. A quorum is the minimum number of owners who must be present to allow the meeting to continue. Without a quorum, the meeting must adjourn, and the elections must be delayed.
Quorum requirements can vary depending on the association’s bylaws. That said, the general requirement is 20% of voting interests. Proxies and mail-in ballots also usually count toward a quorum.
8. Count the Votes
During the ballot-counting process, the association must allow the candidates or their representatives to monitor the tally. This ensures transparency and accountability.
Some associations opt to hire a third-party inspector, especially for contested elections. If that’s not possible, the association should have at least two people confirm each ballot and verify the results.
9. Announce the Results
Immediately following the count, the board must announce the result of the election. The announcement must include the total votes for each candidate. Boards must communicate these results verbally at the meeting and in written form to all owners afterward.
Illinois law also requires associations to retain ballots, proxies, and other election records for at least one year after the election. This makes future inspections easier for both homeowners and board members.
What if the Board Refuses to Hold HOA Elections?
According to Illinois law, an association can’t go beyond two years without electing new directors. If the association fails to hold a required election, owners who hold at least 20% of the votes may sue to force an election. Should a court find that the board acted in bad faith, the owners may recover attorneys’ fees and costs from the association.
That said, there is an exception to this. If the election failed solely because there was no quorum, this does not apply. A quorum is a requirement for elections to push through. To ensure a quorum, the board must encourage attendance by reminding residents of the meeting and educating them on the importance of the elections.
For Continued Success
Associations can ensure a fair and transparent HOA election by implementing the steps above. A well-run election process can help foster trust and community engagement. Furthermore, it contributes to the overall success of the community.
First Community Management provides expert HOA, condo, and co-op management services to communities in Chicago. Call us today at (312) 829 8900 or contact us online to learn more!
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