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Can We Do Election by Acclamation for Our Board Election?

As of January 1, 2022, all HOAs can do election by acclamation regardless of what their governing documents say. This is because of AB 502, which allows election by acclamation for all HOAs under the circumstances listed below.  Election by acclamation is allowed if:

  1. The association held a director election at least once in the past four years. (Civ. Code § 5100(a)(2).) [“The association held a regular election for directors in the last 3 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” (Civ. Code § 5103(a).)]
  2. The number of qualified candidates is not more than the number of vacancies to be elected. (Civ. Code § 5103.)
  3. 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).)
  4. A reminder notice is sent between 7 and 30 days before the deadline for submitting nominations. (Civ. Code § 5103(b)(2).)
  5. The association provides, within 7 business days of receiving a nomination, acknowledgment 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).)
  6. 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).)

If the above conditions are met, the candidates can be elected by acclamation by the board at a properly noticed and agendized board meeting. The agenda for the board meeting must list the names of the candidates that the board intends to seat by acclamation.

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