Nominations from the floor are not required by the Davis-Stirling Act but may be used if provided for in the bylaws. (Civ. Code §5105(b)
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 by the chair to make a nomination and no second is required. (Robert's Rules
, 11th ed., pp. 431-432.) 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. (Civ. Code §5120(a)
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.
: Associations needing legal assistance can contact us
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