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California Civil Code § 5103

Election by acclamation

If nominations close with no more qualified candidates than there are seats, the association may seat them without balloting at all. It is the cheapest election available and the one most often lost on a technicality, because four of the five conditions have to have been satisfied before anyone knew how many candidates there would be.

Section Civ. Code § 5103 Amendment § 5103: AB 1764 (2023) In force 2024-01-01 Related § 5100 · § 5105 · § 5115 Text verified 2026-10-10

Civil Code § 5103 — the text

Election by Acclamation
Amended by Stats. 2023, Ch. 770, Sec. 3. (AB 1764) Effective January 1, 2024.

Notwithstanding the secret balloting requirement in Section 5100, or any contrary provision in the governing documents, when, as of the deadline for submitting nominations provided for in subdivision (a) of Section 5115, the number of qualified candidates is not more than the number of vacancies to be elected, as determined by the inspector or inspectors of the elections, the association may, but is not required to, consider the qualified candidates elected by acclamation if all of the following conditions have been met:
(a)The association has held a regular election for the directors in the last three 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.
(b)The association provided individual notice of the election and the procedure for nominating candidates as follows:
(b)(1)Initial notice at least 90 days before the deadline for submitting nominations provided for in subdivision (a) of Section 5115. The initial notice shall include all of the following:
(b)(1)(A)The number of board positions that will be filled at the election.
(b)(1)(B)The deadline for submitting nominations.
(b)(1)(C)The manner in which nominations can be submitted.
(b)(1)(D)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.
(b)(2)A reminder notice between 7 and 30 days before the deadline for submitting nominations provided for in subdivision (a) of Section 5115. The reminder notice shall include all of the following:
(b)(2)(A)The number of board positions that will be filled at the election.
(b)(2)(B)The deadline for submitting nominations.
(b)(2)(C)The manner in which nominations can be submitted.
(b)(2)(D)A list of the names of all of the qualified candidates to fill the board positions as of the date of the reminder notice.
(b)(2)(E)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.
(c)(1)The association provides, within seven business days of receiving a nomination, a written or electronic communication acknowledging the nomination to the member who submitted the nomination.
(c)(2)The association provides, within seven business days of receiving a nomination, a written or electronic communication to the nominee, indicating either of the following:
(c)(2)(A)The nominee is a qualified candidate for the board of directors.
(c)(2)(B)The nominee is not a qualified candidate for the board of directors, the basis for the disqualification, and the procedure, which shall comply with Article 2 (commencing with Section 5900) of Chapter 10, by which the nominee may appeal the disqualification.
(c)(3)The association may combine the written or electronic communication described in paragraphs (1) and (2) into a single written or electronic communication if the nominee and the nominator are the same person.
(d)(1)The association permits all candidates to run if nominated, except for nominees disqualified for running as allowed or required pursuant to subdivisions (b) to (e), inclusive, of Section 5105.
(d)(2)If an association disqualifies a nominee pursuant to this subdivision, an association in its election rules shall also require a director to comply with the same requirements.
(e)The association board votes to consider the qualified candidates elected by acclamation at a meeting pursuant to Article 2 (commencing with Section 4900) for which the agenda item reflects the name of each qualified candidate that will be seated by acclamation if the item is approved.

Reproduced verbatim from the California Legislative Counsel's published text and verified word-for-word against a second source (leginfo (Legislative Counsel official bulk code database, LAW_SECTION_TBL) · California Public Law (Public.Law)). California statutes are government edicts and carry no copyright. This is an unofficial reproduction — the official version is published by the Legislative Counsel at leginfo.legislature.ca.gov, and that version governs.
Machine-readable: /data/5103.json — the same text with its subdivision anchors, dates and sources.

What it displaces

The section opens notwithstanding the secret balloting requirement in Section 5100, or any contrary provision in the governing documents. Both halves matter. It overrides the statutory requirement that directors be elected by secret ballot, and it overrides the association's own documents where they say an election must be held — so a board cannot be forced to run a ballot by a bylaw that predates this section.

It is permissive, not mandatory: the association may, but is not required to seat the candidates. A board that prefers to run the ballot may.

The inspector decides the arithmetic, not the board

Whether the number of qualified candidates exceeds the number of vacancies is determined by the inspector or inspectors of the elections. That is a determination about qualification, which is the same adjudicative role § 5110 gives the inspector over proxies — and it has to be made against the election rules as they stood, not as the board would now read them.

The five conditions, in the order they bind

  1. A regular director election within the last three years. Measured from the date ballots were due in the last full election to the start of voting for the proposed one. An association that has acclaimed its way through three years cannot acclaim again — it has to run a ballot first. This is the condition that quietly disqualifies associations that have not held a contested election in a long time, which is the same population most likely to reach for acclamation.
  2. Initial individual notice at least 90 days before the nomination deadline, naming the number of positions, the deadline, how to nominate, and — explicitly — that the board may seat candidates by acclamation without balloting if nominations do not exceed seats.
  3. A reminder notice between 7 and 30 days before the deadline, repeating those items and adding the names of every qualified candidate so far. The reminder may omit the acclamation statement if by then the candidates already outnumber the seats.
  4. An acknowledgement within seven business days of every nomination — one to the member who submitted it, one to the nominee saying either that they qualify, or that they do not, why, and how to appeal through the association's own internal dispute resolution procedure under Article 2 of Chapter 10. The two may be combined where the nominator and the nominee are the same person.
  5. A board vote at a noticed open meeting, where the agenda item names each candidate who will be seated if it passes. Not a consent item, not "election results".

Why this is the most expensive mistake in a California HOA election

The 90-day notice is the trap. An association decides in February that it will probably have three candidates for three seats and can save the cost of a mailing — but the 90-day notice had to have gone out before the nomination deadline, which is itself ahead of the election. By the time anyone counts the candidates, the window to have given that notice has closed.

The association then runs a full ballot election it did not budget for, on a compressed calendar, a few weeks before its annual meeting. Acclamation is not a decision made at the end of the nomination period. It is a decision made at least 90 days before it, by sending a notice that says it might happen.

Disqualification cuts both ways

Subdivision (d) permits all nominees to run except those disqualified under § 5105(b) to (e) — the candidate qualifications the election rules may or must impose. And it adds a condition that is easy to miss: where an association disqualifies a nominee under this subdivision, its election rules shall also require a director to comply with the same requirements.

A rule that bars a delinquent member from standing, but does not remove a sitting director who falls delinquent, is not a rule the association may apply to a nominee here. The test has to run both directions or it does not run at all.

The appeal route is a statutory one

A disqualified nominee is entitled to be told the basis and the procedure for appeal, and the procedure shall comply with Article 2 of Chapter 10 — the association's internal dispute resolution. That is not an invitation to design something; it is a cross-reference to a procedure the association is already required to have.

What the record has to show

Both notices, with their dates and the method each member was entitled to under § 4040; the nomination log with the arrival date of each nomination and the date of each acknowledgement, so the seven-business-day clock can be checked per nominee; each qualification determination and its basis; the agenda of the meeting at which the board voted, naming the candidates; and the minutes recording the vote. Under § 5145 the association must prove a defect did not affect the outcome, and in an acclamation the defect that gets alleged is that a member would have stood had the notice reached them.

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