Beginning January 1, 2022, associations can declare the outcome of uncontested elections without the need for balloting. Qualified candidates can be elected by acclamation, but many deadlines requirements must be met. If the following conditions are met, a Board can hold elections by acclamation:
- The association holds a director election at least once every four years. (Civ. Code § 5100(a)(2).) [The association held a regular election for directors in the last 3 years. (Civ. Code § 5103(a).)]
- The number of qualified candidates is not more than the number of vacancies to be elected. (Civ. Code § 5103.)
- Notice for submitting nominations is given at least 90 days before the deadline for submitting nominations. The notice must include the number of open board positions, the deadline for submitting nominations, the manner in which nominations can be submitted, and a statement informing members the seats can be filled by acclamation without balloting. (Civ. Code § 5103(b)(1).)
- A reminder notice is sent between 7 and 30 days before the deadline for submitting nominations. (Civ. Code § 5103(b)(2).)
- The association provides, within 7 business days of receiving a nomination, acknowledgement of the nomination (i) to the member who submitted the nomination and (ii) to the nominee that they either qualify or do not. If disqualified, the reason for disqualification must be included along with a right to appeal. (Civ. Code § 5103(c).)
- The vote by acclamation takes place at a duly noticed meeting with the name of each qualified candidate seated by acclamation on the agenda. (Civ. Code § 5103(d).)
In order to meet these requirements the Election process will have to begin at least 6 months prior to the Annual Meeting being held. This is a long process; however, when the requirements are met, it may result in lower cost for the Association.
Please contact our office if you are interested in holding your Elections by Acclamation this year. We are happy to walk you through the process and answer any questions.