Adams Stirling PLC


Beginning January 1, 2020, associations are required to create a candidate registration list and allow candidates to verify the accuracy of the list. (Civ. Code § 5105(a)(7).)  As with the voter list, the statute does not require a pre-ballot publishing of the candidate list to all members. Instead, the association must permit candidates to verify the accuracy of their individual information on the list at least 30 days before the ballots are distributed.

Notice of the List. This can be done by including a statement in the pre-ballot election notice that the association prepared a candidate registration list and nominees can verify the accuracy of their information on the list. The notice should give candidates a time frame for verify their information and whom to contact. Note the pre-ballot election notice includes a "list of candidates" which is only a list of their names and not the entire candidate registration list, which also includes candidate addresses.

Preparation of the List. The statute does not require the inspector to prepare the candidate list. It only requires them to retain it and correct any information within two (2) business days of receiving notice of any errors. For most associations, management will prepare the voter list and provide it to the inspector.

Verifying Qualifications. Inspectors of election are not required to verify the qualifications of nominees. They are not required to check the property title for each nominee to see if they are owners. However, any member can challenge the qualifications of any nominee.

ASSISTANCE: Associations needing legal assistance can contact us. To stay current with issues affecting community associations, subscribe to the Davis-Stirling Newsletter.

Adams Stirling PLC