When it comes to elections in a homeowners’ association (HOA), it’s important to understand the different types of elections that can or cannot be allowed, the pros and cons of each election type, and whether it might be right for your community. One type of election that is held in a homeowners’ association is called a cumulative voting.
What is Cumulative Voting?
When residents of a community engage in a cumulative-vote election, each eligible voter receives the same number of votes as positions available on the board. This means that if there are three spots available on the HOA board, each voter will get to cast three votes. Here’s where cumulative votes gets interesting—a voter can choose to cast all three votes for one candidate or split the vote unevenly between candidates, in an attempt to legally “stack” to vote and give a candidate a higher chance of winning.
The Controversy of Cumulative Voting
Cumulative voting has become rather controversial recently. While some people would say that cumulative voting is advantageous for minorities trying to get their voices and opinions represented on the board, since the minority could pool all of their votes to one person. However, many long-time HOA members would argue that this type of election actually yields the opposite result. Rather than working to bring minorities into representation, cumulative voting has also been known to result in the same directors staying on the HOA board for years. This can result in a divisive environment within the community and an outdated board of directors that can make it difficult for residents to get approval for progressive ideas to increase property value.
Because of these concerns addressed, some states have outlawed cumulative voting in HOA communities, but that doesn’t always mean that it couldn’t still happen. For example, Arizona outlawed cumulative voting in 2005, however, communities that already had that option were allowed to maintain it under a grandfather clause. You will still find that most HOA committees and contracts expressly forbid or discourage the use of cumulative voting, even if it is legal. For most, the risk of causing community problems negates any possible favorable outcomes in this type of voting.
For additional questions regarding HOA management, contact Spectrum Association Management. We have offices and managers located in Arizona and Texas, and provide full-service HOA management for communities with 200+ homes.
Do I have to cast 3 votes, or may I elect to only cast one vote? In other words, do I have to use 3 votes ( one for any of the several candidates running to total my 3 votes) or may I just use 1 vote and vote for one person only while not using the other 2 votes available to me?