05/14/2025

Planning Your HOA or Condo Association Election: A 3-Step Guide for Success

Overview:
Election season is a critical time for homeowners associations (HOAs) and condominium associations, and successful elections require thoughtful planning. With notice requirements and deadlines to manage, it’s important to start early to ensure compliance and validity. Here’s a three-step primer to help your board prepare for a smooth and
legally sound election.

Step 1: Check Your Governing Documents for Annual Meeting Requirements
Elections typically occur during an association’s annual meeting. To plan effectively, your first step is to consult your governing documents—the Declaration and Bylaws—for specific rules governing the timing and frequency of these meetings.

Key Considerations:

• Is a Specific Date Required?
  Some documents specify an exact date, such as “The meeting shall take place on the 2nd Tuesday in June.” If so, the board must adhere to this date unless the governing documents are amended. Boards cannot arbitrarily change meeting dates without risking a challenge to the election’s validity.
• Nebraska Law’s Role:
  For condominium associations, Nebraska law may also set requirements for annual meetings. However, there is no Nebraska statute governing HOA elections, so HOAs must rely solely on their governing documents.

Step 2: Follow Proper Notice Requirements
Providing proper notice of the annual meeting is essential for a valid election. The rules for notice delivery vary based on your governing documents and, for condominium associations, state law.

For Condominium Associations:
Nebraska condo law requires:

• Notice to be sent no less than 10 days and no more than 50 days before the meeting.
• Delivery by hand or prepaid US mail to the address of each unit or an alternative address designated by the owner.
• The notice to include the meeting’s time, place, and agenda items.

For HOAs:
Since Nebraska has no specific HOA statute for meeting notices, your bylaws dictate the requirements. Be sure to check these documents to avoid procedural missteps.

Step 3: Address Nominating Committees and Candidate Qualifications
Your bylaws may outline the need for a nominating committee to prepare a slate of qualified candidates. If required, ensure the committee is formed and operates according to the bylaws.

Condo Associations:
Nebraska law mandates that the majority of board members must be unit owners. Your bylaws may require an even greater percentage of owners to serve on the board, so it’s crucial to confirm these details.

HOAs:
While there’s no legal requirement for board members to be owners, your bylaws may include such provisions. Even if a nominating committee is not required, it’s good practice to put out a call for candidates to encourage broader participation.

Bonus Tips for Election Success

1. Start Early: Give yourself plenty of time to meet deadlines and resolve any unexpected issues.
2. Engage the Community: Clearly communicate the importance of the election to residents and encourage participation.
3. Document Everything: Keep records of notices, candidate nominations, and other key actions to protect the validity of the election.

Final Thoughts
By understanding your governing documents, meeting notice requirements, and candidate qualifications, your HOA or condo association can hold elections that are not only valid but also reflect the community’s best interests. Start planning early and follow these steps to ensure your election process is smooth, compliant, and successful.

If your board needs additional guidance, consult your attorney to confirm compliance with state law and governing documents.