Q: There is a lot of information on the internet about election acclamation, but one item does not seem to be answered. Perhaps you can assist. Once a board determines/votes to elect candidates by acclamation at an open board meeting, when do the candidates assume their new role? Immediately? At the annual meeting (as if voting had occurred)? — J.P., a manager in Lodi
A: The statute providing for election by acclamation is Civil Code Section 5103. However, the statute does not expressly answer your question.
Subpart (e) of the statute says that if all the other requirements are met, the HOA board can vote to “consider the qualified candidates elected.”
Corporations Code Section 7220(b) says that directors hold office “until the expiration of the term for which elected and until a successor has been elected and qualified.”
If we take that statute at face value, it means that the new directors who are elected by acclamation would take office at the expiration of the terms of the outgoing directors. Normally, the term expires at the annual meeting election, so then the new directors would begin their service as of the date on which the election would have been held.
Because Civil Code 5103 has some very specific prerequisites before acclamation becomes available, and because the timing of the required notices is important, it may be advisable to update election rules to include the acclamation requirements and develop an annual election timeline so that the board and management are prepared.
Under the acclamation procedures as stated in Section 5103, the board must start setting its schedule for election-related events about seven months ahead of the anticipated election date.
The option of declaring candidates elected by acclamation is great, but it’s essential that HOAs follow the requirements, so that it is available without a procedural challenge.
Q: Our board has decided to use the new laws on election by acclamation this year without…
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