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Election Without Voting

Posted by Joel Kriger | Aug 10, 2022

Civil Code section 5103, effective January 1, 2022, dispenses with requirement of voting for board members at the annual meeting so long as the number of candidates is not more than the number of vacancies to be elected. The existing board may vote to consider the candidates seated by acclamation. 

Before an Association may take advantage of this process it must meet certain qualifications and generate additional notices increasing the overall election process an additional 60 days.  The first qualification requires that the Association has had a regular election for directors in the last three years. The remaining requirements deal with additional notifications to the membership as follows:

  1. An initial notice soliciting nominations must be sent at least 90 days before the deadline for submitting nominations. In addition to basic information about nominations (number of positions vacant, deadline for submitting nominations, and manner of submission), the initial notice must include a statement that in the event there are the same number or fewer candidates nominated than vacancies, those individuals will be seated on the board by acclamation without balloting.
  2. A second notice must be sent as a reminder between seven and thirty days prior to the deadline for submitting nominations containing the same information as the initial notice plus a list of the qualified candidates as of the date of the notice except that the statement about seating the qualified candidates by acclamation need not be included if there are already more qualified candidates than vacant seats on the board for election.
  3. A written or electronic communication acknowledging receipt of a nomination must be sent to the nominee (and the member submitting the nomination if different from the nominee) within seven business days after the nomination is received. The communication to the nominee must indicate whether or not the nominee is a qualified candidate for the board and, if the nominee is not qualified, the communication must indicate the basis for disqualification and the procedure to appeal the disqualification.

If the above requirements have been met and there are the same number or fewer qualified candidates than vacancies on the board, then the board may vote to consider the qualified candidates elected by acclamation at a board meeting for which the agenda item reflects the name of each qualified candidate that will be seated by acclamation.

About the Author

Joel Kriger

Owner Practice Areas: Community Association Counsel Joel M. Kriger is the founder of Kriger Law Firm. A native of Pennsylvania, Joel graduated from Temple University in 1970 and moved to San Diego to attend the University of San Diego School of Law, from which he graduated in 1973. Joel maintai...

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