Notwithstanding the Davis-Stirling Act’s secret ballot requirements governing director elections, or any contrary provision in a HOA’s governing documents,  in a situation where, as of the deadline for submitting nominations, the number of qualified candidates is not more than the number of vacancies on the board to be elected (where the election is ‘uncontested’), as determined by the inspector(s) of elections, the association may, but is not required to, consider the qualified candidates elected by acclamation if all conditions specified in Civil Code Section 5103 have been met. Those conditions are specified below.

Regular Election within the Last Three (3) Years
The association must have held a regular election for the directors in the last three years. The three-year time period is 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).)

Notice of Election & Nomination Procedures
The association must have provided individual notice of the election and the procedure for nominating candidates as follows:

Initial Notice – At Least Ninety (90) Days Before the Deadline for Submitting Nominations: at least ninety (90) days before the close of nominations, individual notice must have been provided by the association of the following: (Civ. Code § 5103(b)(1).)

• • • The number of board positions that will be filled at the election;
    • The deadline for submitting nominations;
    • The manner in which nominations can be submitted; and
    • A statement informing members that if, at the close of the time period for making nominations, there are the same number or fewer qualified candidates as there are board positions to be filled, then the board of directors may, after voting to do so, seat the qualified candidates by acclamation without balloting.

Reminder Notice – Between Seven (7) and Thirty (30) Days Before the Deadline for Submitting Nominations: between seven (7) days and thirty (30) days before the close of nominations, individual notice must have been provided by the association of the following: (Civ. Code § 5103(b)(2).)

• • • The number of board positions that will be filled at the election;
    • The deadline for submitting nominations;
    • The manner in which nominations can be submitted;
    • A list of the names of all of the qualified candidates to fill the board positions as of the date of the reminder notice; and
    • A statement reminding members that if, at the close of the time period for making nominations, there are the same number or fewer qualified candidates as there are board positions to be filled, then the board of directors may, after voting to do so, seat the qualified candidates by acclamation without balloting. This statement is not required if, at the time the reminder notice will be delivered, the number of qualified candidates already exceeds the number of board positions to be filled.

Nomination Communications
The association must have provided the following nomination communications:

Nomination Acknowledgment Communication:  within seven (7) business days of receiving a nomination, the association must have provided a written or electronic communication acknowledging the nomination to the member who submitted the nomination (Civ. Code § 5103(c)(1).)

Nominee Qualification Communication:  within seven (7) business days of receiving a nomination, the association must have provided a written or electronic communication to the nominee, indicating either that (a) the nominee is a qualified candidate for the board, or (b) the nominee is not a qualified candidate for the board. If the communication specifies that the nominee is not a qualified candidate, it must also include the basis for disqualification and the IDR procedure by which the nominee may appeal the decision. (Civ. Code § 5103(c)(2).)

Combined Communication to Self-Nominees:  if the nominee and nominator are the same person (e.g., if it was a “self-nomination”), the association may combine the nomination acknowledgment communication and the nominee qualification communication into a single communication. (Civ. Code § 5103(c)(3).)

All Qualified Candidates Permitted to Run
The association must have permitted all candidates to run if nominated, except for nominees that have been properly disqualified. (Civ. Code § 5103(d)(1); See also “Candidate Qualifications.”)

Board Vote on Acclamation at Board Meeting; Candidates Listed on Meeting Agenda
The association’s board must have voted to consider the qualified candidates elected by acclamation at a board meeting for which the posted agenda of the meeting included the name of each qualified candidate that would be seated by acclamation via the board vote. (Civ. Code § 5103(e).)

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