Written by Attorney Michael T. Chulak

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.

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