California HOA Elections
HOA Election by Acclamation
Election by acclamation is a process where candidates may be seated without a formal vote if the number of qualified nominees does not exceed the number of open board positions.
The information provided on this website is for informational purposes only and does not constitute legal advice.
Overview
Election by Acclamation
Election by acclamation is a process where candidates may be seated without a formal vote if the number of qualified nominees does not exceed the number of open board positions. This process may apply when an Association has held a regular election within the past three years and has followed specific notice and procedural steps. These steps typically include sending an initial notice at least 90 days before the nomination deadline, followed by a reminder notice 7 to 30 days before that deadline. Both notices generally outline how many seats are open, how to submit nominations, and inform members that if the number of candidates does not exceed the number of available positions, those candidates may be seated without balloting. The Association reviews and determines candidate eligibility and communicates the outcome to nominees. The inspector of elections may assist in confirming the number of candidates and reporting whether conditions for acclamation appear to be satisfied based on the information provided.
If the Association at any point in this process no longer qualifies for election by acclamation—such as if the number of nominees exceeds the number of open positions—it must proceed with a full annual election, starting with the pre-ballot notice at least 62 days before the election deadline. Associations using electronic voting are encouraged to begin the process even earlier to ensure all electronic voting requirements are met, regardless of whether the election ultimately qualifies for acclamation.
Step by Step
Election by Acclamation in Detail
Initial Requirements
If an Association has conducted a regular election within the past three (3) years and anticipates that the number of candidates in the current cycle will be less than or equal to the number of open seats, it should consider proceeding with election by acclamation.
However, if the Association no longer qualifies for election by acclamation during the process (i.e., the number of candidates exceeds the number of open seats), it will be required to conduct a full annual election—resulting in a longer and more costly process.
Notes
The election process must commence at least 90 days before the scheduled election by acclamation date. If the Association utilizes electronic voting and anticipates that it may not qualify for election by acclamation, the process should begin at least 120 days in advance to accommodate necessary preparations.
Hybrid/Electronic Voting Requirement (Electronic Consent Notice)
If an Association wishes to have hybrid or electronic voting and suspects that the Association may not qualify for election by acclamation, a notice must be sent to each member at least 30 days before the deadline to opt in or opt out (which is 90 days before the scheduled election). The notice should state the member's current voting method, include the email address that will be used for electronic voting if the association has one, and explain that members may choose to opt in or opt out of electronic secret ballot voting. It must also provide clear instructions on how to make that choice and include the deadline by which the member must act.
Election Rules Requirement
The Association must have adopted new election rules that authorize the delivery of election notices and ballots by electronic means before the electronic consent notice can be sent electronically.
Includes
1. A statement showing how the member is currently set to vote.
2. If the member is set to vote electronically and the Association has their email address, the notice must list the email that will be used for electronic voting.
3. A note that if the member prefers to vote by written ballot instead, they must take action to opt out of electronic voting.
4. Clear steps explaining how the member can opt out of electronic voting.
5. The exact deadline by which the member must submit their opt-out request if they want to vote by mail.
How Is It Sent
Condo Elects streamlines electronic voting by first collecting voter data from the Association. It then sends electronic consent notices via email to those who have permitted individual notice or previously consented and by mail to others. Homeowners have 30 days to update their status—mail recipients enter their unit identifier, email, and preference on Condo Elects' website, while email recipients can confirm with one click. After the deadline, Condo Elects verifies all emails of those who consented and generates the final voter list. The system then automates documents, mailers, and emails, reducing election time at no extra cost to the Association while ensuring compliance and record-keeping.
Mailing Methods
Sent by email or postal mail, depending on the member's selected preference.
Due
At least 120 days before the scheduled election (Condo Elects recommends 126 days before)
Further Reading
California Civil Code § 5105 →Nomination Forms
This form allows a member to nominate themselves for the Board of Directors and submit a candidate statement, provided they meet the association's election requirements. It must be returned within 90 days of mailing.
Notes
The nomination form must be completed and returned by the homeowner within 90 days of being emailed or mailed. The final deadline to submit is 10:00 AM California time on the scheduled date for the election by acclamation, at which point the nomination process will officially close.
Mailing Methods
Sent by email or postal mail, depending on the member's selected preference.
Nomination Form Reminders
This reminder notice must be sent to members between 7 and 30 days before the nomination deadline. It includes key election details such as the number of open board seats, the deadline to submit nominations, how to submit a nomination, and a current list of qualified candidates. It also reminds members that if, when nominations close, the number of qualified candidates is equal to or fewer than the number of open seats, the board may seat those candidates by acclamation—unless more candidates than seats had already qualified at the time this notice was sent. The Association should prepare an agenda listing the names of the candidates included in the reminder notice for the election by acclamation, but drafting this agenda is outside the scope of the Inspector of Elections.
Notes
The nomination form reminder must be sent between 30 and 7 days before the nomination deadline. Condo Elects recommends sending it 8 days in advance to ensure timely delivery and processing.
Mailing Methods
Sent by email or postal mail, depending on the member's selected preference.
Further Reading
California Civil Code § 5103 →Results
When the nomination deadline has passed, a certificate is generated and sent to the Association. At the meeting, the Board of Directors votes to seat the candidates who have completed the nomination process. Once this vote is conducted, the election process is concluded.
Further Reading
California Civil Code § 5103 →At a Glance
A modern, compliant approach
Some industry timelines begin the Election by Acclamation process significantly earlier — around 165 days before the election date — to preserve operational flexibility if a pivot to a traditional election becomes necessary. Because Condo Elects can regenerate timelines, notices, and election materials immediately if acclamation no longer applies, associations can often maintain schedules closer to the statutory sequencing requirements without extended administrative lead times.
How the Condo Elects System Works
Election by Acclamation — A Modern, Compliant Approach
Our software continuously monitors candidate activity and election status in real time. Because our system can instantly update candidate records, election status, homeowner portals, and election documents, we are able to transition from Election by Acclamation to a traditional election within seconds when required.
Initial Nomination Period
A nomination form is distributed containing two separate deadlines. The first deadline occurs 30 days after the nomination period begins. At that point, the association is evaluated to determine whether it still qualifies for Election by Acclamation.
If the association no longer qualifies
If the number of candidates exceeds the number of open seats, the association no longer qualifies for acclamation. Condo Elects immediately transitions the process into a standard annual election — issuing pre-ballot notifications and ballots within the required statutory timelines.
Disclosure
This process is clearly disclosed within the nomination materials and on the association's election webpage.
Extended Monitoring Period
If the association still qualifies after the initial 30-day review, the nomination process remains open for an additional 60 days. During this period, the Condo Elects system actively monitors candidate submissions and election eligibility in real time.
If eligibility changes during Phase Two
The nomination period is closed immediately.
Homeowners are notified through a pre-ballot notification.
Ballots are subsequently issued within the required statutory timeline.
Disclosure
Both the Phase One and Phase Two transition conditions are clearly disclosed within the nomination materials and on the association's election webpage.
Further Reading
California Civil Code § 5103 →Reminder Notices and Final Certification
At least 8 days before the nomination period closes, Condo Elects distributes a nomination reminder notice as required by the Election by Acclamation process. If the final deadline passes and the association still qualifies, Condo Elects issues the official certificate confirming the association's qualification for Election by Acclamation.
Benefits of this workflow
Maximizes flexibility throughout the nomination window.
Reduces unnecessary election costs for associations that qualify.
Maintains compliance with all required statutory timelines.
Preserves the ability to transition into a full election when required — without any delay.
Related Guides
Board of Directors election process under the Davis-Stirling Act
Removing a board member from office before their term expires
Consent registry, hybrid ballot delivery, and dual-stream reconciliation
Browse all California HOA election guides
The links above are provided for reference and further reading. Condo Elects is not affiliated with, does not endorse, and does not maintain a business relationship with these sources. These are publicly available resources, and their content is subject to change. For legal advice tailored to your specific situation, please consult an attorney.