Adams Stirling PLC


Candidates are allowed to nominate themselves for election to the board of directors. (Civ. Code §5105(a)(3).) The Davis-Stirling Act does not require that nominations be written. However, an association's governing documents or election rules may require it. If a name is placed into nomination by someone other than the candidate, the candidate should be contacted to verify their willingness to be on the ballot.

Placing Names on the Ballot. All nominees, provided they meet the qualifications to serve on the board and submitted their names prior to the close of nominations, must be placed on the ballot mailed to the membership, i.e., written ballots must specify a choice between approval and disapproval of each matter (or candidate) known at the time the ballot is distributed. (Corp. Code §7514(a).) It does not require approval by a nominating committee.

Excluding Candidates. Boards should not use small technical violations in the nomination process to exclude qualified candidates from running for the board. For example, associations should not exclude a qualified candidate for submitting a photocopy of a candidate's application rather than an original. Examples of substantive violations are:

Close of Nominations. If the governing documents do not establish a cutoff for nominations, the board may establish a reasonable date prior to the mailing of ballots for closing nominations. If the association's governing documents require nominations from the floor, nominations may be closed by the board for the purpose of preparing and mailing ballots and then reopened at the annual meeting.

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Adams Stirling PLC