“Every year at our HOA election not enough people participate so we get a dreaded ‘no quorum’ announcement. Most of the board members have been there for over 10 years. What can we do?”

 

HOA elections can be frustrating when a lack of participation leads to a “no quorum” announcement. To increase participation, consider the following suggestions:

 

Increase Communication: Ensure that all members of the community are aware of the election and its importance. Use all available communication channels to reach out to members and encourage them to participate. Consider sending multiple reminders and making personal phone calls and door knocking.

 

Provide Incentives: Offer incentives such as raffles or prizes to encourage members to attend the election and take an interest in the process.

 

Update Bylaws: Review your HOA’s bylaws to identify any provisions that may be discouraging participation. Consider streamlining the process and eliminating or reducing quorum requirements.

 

If these suggestions don’t help, you can file a California Corporations Code section 7515 petition. California Corporations Code section 7515 is a legal provision that allows members of a HOA to petition a superior court for an order compelling the HOA to hold a meeting or election. This section is applicable to all California nonprofit corporations, not just HOAs.

 

Superior court judges have the authority to order the HOA to hold the meeting or election and lower or eliminate the quorum requirements in the bylaws. If the court grants the petition, the HOA must hold the meeting or election within a specified timeframe.

 

This option should be used as a last resort when other methods to increase participation have failed. In your case, over 10 years without quorum is prima facie evidence of the need for such an order.