Rendered Moot. Although most association bylaws provide for nominating committees to screen people to serve on boards, such committees were made moot by Civil Code § 5105(a)(3). Nominating committees can still be appointed by boards and can still solicit candidates but they can no longer reject qualified candidates.
Candidate Selection. Traditionally, nominating committees could block candidates they did not deem worthy to serve on the board. If candidates did not get nominating committee approval, they could not appear on the ballot even when qualified. Now, qualified candidates can nominate themselves and run for the board regardless of anything a nominating committee might say or do.
Campaigning. Nominating committees and boards can promote the candidates they select. However, they must do so at their own expense. They cannot advocate for or against candidates in the ballot materials. (Civ. Code § 5135.) Ballots can designate which candidates are incumbents and they can probably designate which candidates were selected by the nominating committee, provided the designations are completely neutral.
ASSISTANCE: Associations needing legal assistance can contact us. To stay current with issues affecting community associations, subscribe to the Davis-Stirling Newsletter.