With the enactment of Civil Code Section 5103, Homeowner Associations (HOAs) have been given a practical new tool- Election by Acclamation. This new provision allows HOAs to forego balloting and declare the candidates as elected to the board, provided certain requirements are met. However, it’s important to note that the Acclamation procedure is not automatic, and HOAs must follow all of the stipulations to benefit from it.
To use the Election by Acclamation, some conditions must be met. The number of nominated candidates must be equal to or less than the number of open seats available. For example, if there are three seats available, and one, two, or three nominees have stepped forward, the acclamation process can be triggered.
Also, the HOA must have had at least one fully completed election during the three years preceding the current election process. If the HOA fails to achieve quorum for three consecutive years, the Election by Acclamation is unavailable until a successful election is conducted.
Additionally, the HOA must send two new notices to members stating the number of open seats, nominations deadline, and instruction on submission of nominations. Both notices must be conveyed to all members via post (unless electronic consent is provided), and the first notification must be issued at least 90 days before the nomination deadline, while the second notice should be sent between seven and 30 days before the nominations close.
Moreover, the HOA must respond within seven days by mail or email to the nominator and the candidate nominated, with an acknowledgment and eligibility status notification, where applicable. Please note that Election by Acclamation is not automatic, and the board must vote by resolution to have candidates elected by acclamation.
HOAs should plan their election calendars at least six months before the annual election to ensure they have enough time to preserve the option of Election by Acclamation. Such planning is essential because to be eligible; the HOA requires at least 30 days for voting, 30 days for the nomination announcement, 30 days for the call for candidates, and 60 more days before the call for candidates’ first announcement under Code Section 5103(b), making it a total of five months.
To optimize the benefits of Election by Acclamation, HOAs can also consider updating their election rules to add the acclamation process and deadlines.
To summarize, Election by Acclamation is a convenient and beneficial option for HOAs, but it requires deliberate planning and compliance with the requirements and timelines provided. Kelly G. Richardson, Esq. is a seasoned HOA legal expert, and queries regarding this matter can be directed to her at [email protected]. As a Fellow of the College of Community Association Lawyers and Partner of Richardson Ober LLP, a California law firm renowned for community association expertise, she is equipped to offer guidance on HOA-related matters.
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