Director Elections in HOAs (i.e. Welcome to the Wild, Wild West)

An increasing number of homeowners’ associations are adopting a two-notice, advance-nomination process for electing directors, similar to the election procedures statutorily dictated for condominium associations. Yet with many HOAs still operating with governing documents drafted by the developer, it is not uncommon to hear about situations where an association is running its condo-like election based on past practice rather than the procedures set forth in its governing documents. As a result, we are often asked whether homeowners’ associations can continue with their “practice” of employing a two-notice, condominium-esque election, despite any lack of language in their governing documents permitting the same.