No. Your HOA should hold the new election ASAP. Any contracts the HOA enters into that are favorable to it and that it wants to keep and enforce, might not be enforceable, since any action by the current board and any action by any officer appointed since the election might be held by a court to be without authority and voidable by the other side.
It is also possible that anyone with a claim against the HOA, such as service providers or anyone injured on the common area, might not be limited to suing the HOA and might be able to sue and collect from the individual owners themselves.
There are a lot of rules and many of them are not obvious and there justification might not be obvious, but they have been enacted and are required in order to protect the homeowners. None of them are designed to protect anyone else.
So learn and follow all the rules and be grateful for them.
If you would like me to help your HOA Board or members understand what is required of them, please give me a call.
Dana Sack
510-286-2200
Answered on Jul 21st, 2014 at 1:54 PM