Failure to Hold Board Elections on Time

The bylaws of common interest developments in California set forth the requirements for holding the election of directors. In most cases, associations are required to hold elections for board members once each year at a specified time.

In accordance with the California Corporations Code, if a board fails to hold an election for 60 days after the designated time, or for a period of 15 months after its last election, the Superior Court of the county may summarily order the election to take place upon application of any member of the homeowner association.

Members should consult with legal counsel if it becomes necessary to force an election.

Failure to hold timely elections is one of the most common reasons boards are recalled. See: Most Common Reasons Board Members are Recalled.

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