QUESTION: Is it legal for board candidates to solicit and gather proxies for themselves?
ANSWER: If your governing documents do not prohibit proxies, anyone who is a member of the association can be a proxyholder for any other member of the association and cast ballots on their behalf at the meeting. (Civ. Code §5130.) This statute sometimes creates an interesting anomaly. Not all governing documents require that candidates be members of the association. When that happens, non-member candidates can run for and serve on the board of directors but they cannot collect proxies. Member candidates, however, can.
ASSISTANCE: Associations needing legal assistance can contact us. To stay current with issues affecting community associations, subscribe to the Davis-Stirling Newsletter.