New 2022 Law - Elections by Acclamation
New 2022 Law - Board Elections by Acclamation
Civil Code § 5103. Election by Acclamation; Term Limits.
Notwithstanding the secret balloting requirement in Section 5100, or any contrary provision in the governing documents, when, as of the deadline for submitting nominations provided for in subdivision (a) of Section 5115, the number of qualified candidates is not more than the number of vacancies to be elected, as determined by the inspector or inspectors of the elections, the association may, but is not required to, consider the qualified candidates elected by acclamation if all of the following conditions have been met:
(a) The association has held a regular election for the directors in the last three years. The three-year time period shall be calculated from the date ballots were due in the last full election to the start of voting for the proposed election.
(b) The association provided individual notice of the election and the procedure for nominating candidates as follows:
(1) Initial notice at least 90 days before the deadline for submitting nominations provided for in subdivision (a) of Section 5115. The initial notice shall include all of the following:
(A) The number of board positions that will be filled at the election.(B) The deadline for submitting nominations.(C) The manner in which nominations can be submitted.(D) A statement informing members that if, at the close of the time period for making nominations, there are the same number or fewer qualified candidates as there are board positions to be filled, then the board of directors may, after voting to do so, seat the qualified candidates by acclamation without balloting.
(2) A reminder notice between 7 and 30 days before the deadline for submitting nominations provided for in subdivision (a) of Section 5115. The reminder notice shall include all of the following:
(A) The number of board positions that will be filled at the election.(B) The deadline for submitting nominations.(C) The manner in which nominations can be submitted.(D) A list of the names of all of the qualified candidates to fill the board positions as of the date of the reminder notice.(E) A statement reminding members that if, at the close of the time period for making nominations, there are the same number or fewer qualified candidates as there are board positions to be filled, then the board of directors may, after voting to do so, seat the qualified candidates by acclamation without balloting. This statement is not required if, at the time the reminder notice will be delivered, the number of qualified candidates already exceeds the number of board positions to be filled.
(c)
(1) The association provides, within seven business days of receiving a nomination, a written or electronic communication acknowledging the nomination to the member who submitted the nomination.
(2) The association provides, within seven business days of receiving a nomination, a written or electronic communication to the nominee, indicating either of the following:
(A) The nominee is a qualified candidate for the board of directors.(B) The nominee is not a qualified candidate for the board of directors, the basis for the disqualification, and the procedure, which shall comply with Article 2 (commencing with Section 5900) of Chapter 10, by which the nominee may appeal the disqualification.
(3) The association may combine the written or electronic communication described in paragraphs (1) and (2) into a single written or electronic communication if the nominee and the nominator are the same person.
(d)
(1) The association permits all candidates to run if nominated, except for nominees disqualified for running as allowed or required pursuant to subdivisions (b) to (e), inclusive, of Section 5105.(2) Notwithstanding paragraph (1), an association may disqualify a nominee if the person has served the maximum number of terms or sequential terms allowed by the association.(3) If an association disqualifies a nominee pursuant to this subdivision, an association in its election rules shall also require a director to comply with the same requirements.
(e) The association board votes to consider the qualified candidates elected by acclamation at a meeting pursuant to Article 2 (commencing with Section 4900) for which the agenda item reflects the name of each qualified candidate that will be seated by acclamation if the item is approved.
(Added by Stats. 2021, Ch. 517, Sec. 2.5. Effective January 1, 2022.)
NON-ATTORNEY DISCLOSURE: HOA Election Inspectors is not a law firm nor are any of its employees. We are not lawyers and cannot give legal advice. We can not represent you in court. We can provide document preparation services at your direction. Services provided by HOA Election Inspectors are not a substitute for the advice of a lawyer. If you have any legal questions, you should seek the advice of an attorney who is an active member of the California State Bar.
