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.