Sevilla HOA 2025 Director Elections: Why Can’t the Association Get Elections Right? Election Timeline is Incorrect and Violates State Law
It is not surprising that once again the Sevilla HOA under the direction of the Board of Directors can’t conduct an election that follows state law and illustrates the lack of knowledge by those who manage the affairs of our association.
The Association letter dated December 2, 2024, contains significant errors as it relates to the timeline for HOAs in California to conduct its annual election of directors during the Annual Meeting. According to the letter, the Annual Meeting will be held on March 11, 2025. It is unclear why the 2025 Annual Meeting is being conducted in March rather than April when it has been traditionally held. If the Board of Directors had followed the legal timeline for the Annual Meeting Date of March 11, 2024, the date for the Notice of Delivery Date for the Nomination Procedures and Deadline should have been November 12, 2024, not December 2, 2024. By law, the Board cannot have the director election on March 11, 2025. The earliest possible date would be March 27, 2025.
The Sevilla Board of Directors again have not adhered to the laws related to HOA elections, thus putting the HOA in jeopardy of member lawsuits to overturn election results; additional election spending costs because the board never seems to understand the process of running an election, and no oversight regarding the dissemination of information to the homeowners by the management company.
Why is that? There could be several reasons such as a lack of knowledge regarding the Davis Stirling Law and the CA Corporation Code that address HOA issues in California, a lack of training through ECHO (Educational Community for Homeowners) or CAI (Community Associations Institute), or just keeping knowledgeable of HOA subject matter and issues.
Who is making these decisions? Property Manager! Board President! Board of Directors! Ultimately, it is the Board of Directors who has authority over decision-making.
What needs to be done? Boards of directors should expect the election process to take from 105 to 120 days prior to the annual election once the nomination procedures and deadlines are mailed to homeowners. The Sevilla Homeowners Association failed to do this correctly. Sevilla chose 99 days instead of 105 days. The election date needs to change and the Notice of Delivery Date for the Nomination Procedures and Deadline needs to be re-sent to all homeowners.
