Deciphering the Election by Acclamation Process: A Sample Timeline

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Deciphering the Election by Acclamation Process: A Sample Timeline
By Adrian Chiang, Esq.

As you may know, the State revised Civil Code § 5103 and created a process allowing for a Board election by acclamation. Election by acclamation allows an association to skip the final ballot process in an uncontested election when the number of candidates is equal to or less than the number of seats available by the nomination deadline. Skipping the sending of ballots and an election meeting can save some associations time and costs associated with the sending and tabulation of ballots.

The election by acclamation process is very technical and confusing for many. We provide some tips and a sample timeline to help guide your association through the election by acclamation process should you decide to do so.

To utilize election by acclamation, we must initiate the acclamation process about 5-6 months in advance of a planned election. The Association will not be able to hold an election by acclamation, that meets the Civil Code, for January 2025 if the Association is only starting the process now. But let’s assume we start the acclamation process on 12/1/24. Below is the tightest schedule to hold an election by acclamation:

-First Acclamation Notice: 12/2/24 sending date (must be at least 90 days before the Regular Call for Candidates deadline). As a practical matter, an association can consider including this notice with its annual year-end disclosures as the Civil Code § 5103 does not prohibit an association from doing so.
-Regular Call for Candidates Notice and Reminder Acclamation Notice (combine them for simplicity): 2/1/25 latest sending date (earliest deadline for Call for Candidates is 3/3/25)
-Call for Candidates deadline: 3/3/25 (this deadline must be compliant with both the First Acclamation Notice and Regular Call for Candidates Notice).
-Board meeting with Board vote for Election by Acclamation: 3/3/25 at a time, or a date/time, after the Call for Candidates deadline. Results should be distributed and published within 15 days of this meeting.

If the requirements and conditions for acclamation have not been met by the Call for Candidates deadline, then there cannot be a valid election by acclamation.  Without election by acclamation, the election process continues with the pre-ballot notice and then ballots being sent per the schedule below:

-Pre-ballot Notice: 3/4/25 (must be sent at least 30 days before the ballots are sent)
-Ballot Mailing Date: 4/3/25 (must be sent at least 30 days before the election is held)
-Election Date: 5/3/25

If an Association is willing to push an election to May, then it can commence the election by acclamation process properly per our sample schedule above.

If the Association doesn’t comply with the acclamation process, someone could try and challenge the acclamation results. Would a court overturn an election if the Civil Code was not followed in full? Maybe, maybe not as it will vary on the Governing Documents’ language and factual circumstances. We suggest the Board err on the side of compliance with the actual requirements of the law, even if the Association misses the opportunity to avoid the secret ballot process.

We hope this post provides some helpful information to those that haven’t attempted an election by acclamation yet with the newest Civil Code § 5103 process. When your associations is ready, our full Election Rules re-write/update provides a more thorough outlined process with explanatory comments to help navigate the confusing process. Please contact us for a proposal.