HOA Law Blog
Did you Know?
The Required Steps Associations Must Take for a Successful Election by Acclamation
By Leena Danpour, Esq.
On January 1, 2022, California Civil Code 5103 took effect and added the possibility for Board candidates to be elected by acclamation. This process can be used when the number of Board candidates is equal to or less than the total number of Board seats up for election at the close of nomination. The process of acclamation makes a balloted election unnecessary as the current Board candidates are elected by acclamation. If an Association wants the ability to elect directors by acclamation, and not have to proceed with a secret ballot election, then it must follow certain acclamation requirements as outlined below:
· The Association must have held a regular election for the Board directors in the last three (3) years.
· The Association must provide at least ninety (90) day’s notice to the members before the nomination deadline. This notice must contain, among other things, the procedure for submitting nominations.
· After the Association receives a completed candidacy notice, the Association shall provide a written or electronic communication confirming receipt of the nomination to the nominator within seven (7) business days.
· The Association must also provide a reminder notice, between seven (7) and thirty (30) days before the deadline for submitting nominations, and this also must include, among other things, the procedure for submitting nominations.
Further, Civil Code Section 1505 requires that the Association adopt Election Rules that specify the qualifications for Board candidates and the election procedures. Therefore, it is necessary for Boards to revise or create Association Election Rules to outline the procedure for an election by acclamation in order to utilize same. The Board must adopt the revised Election Rules before an election by acclamation takes place.
SwedelsonGottlieb has developed a specialized program called Amend!® which can give new life and new legal strength to a community association’s outdated CC&Rs and Bylaws. Amend!® enables association boards to update obsolete governing documents with changes in California law, including changes relating to elections, liens/foreclosures, solar panel installation, electric vehicle charging stations, alternative dispute resolution procedures, and authority for providing notice disclosure electronically. In addition, our documents are written in commonly used language to avoid confusing legalese, which makes them more user friendly and helps avoid confusion and disputes. If you would like more information requesting a written Amend!® proposal, please request a proposal by hitting our contact button below and attach your governing documents so that we can determine if your association is a candidate for our flat fee options. As always, feel free to give us a call at 800.372.2207 with any questions.