Nominations from the floor are not required by the Davis-Stirling Act but may be used if provided for in the bylaws.
Civil Code §1363.03(j).
Procedure for Nominations. Once quorum has been established, the
chair of the meeting will, at the appropriate point on the agenda, open the floor for nominations. Members in good standing may nominate any qualified individual as a candidate for election to the board. A member need not be recognized the chair to make a nomination and no second is required. (
Robert's Rules, 10th ed.,
p. 417.) Members may
nominate themselves or nominate others, even if those persons are
not present at the meeting. There is a
limit on the number of nominations any one individual can make.
Ballots Already Cast. If owners have already mailed in their ballots, they are precluded from voting for floor nominees since their ballots are irrevocable once they are cast.
Civil Code §1363.03(f).
Uncontested Elections. If an association's bylaws allow for floor nominations, it forces a full election, even if the election is
uncontested. To avoid unnecessary election expenses, documents should be amended to drop any requirement for floor nominations.
ASSISTANCE: To amend your documents,
contact us for a quote.