Election by acclamation is the process of declaring a slate of director-candidates elected when the number of candidates at the deadline for nomination is equal to or less than the number of board positions to be filled, and thus the results a foregone conclusion.
Prior to Senate Bills 323 and 754, the HOA legal community was split on the advisability of acclamation. Some attorneys took the position that requiring zero-budget nonprofits to incur the expense and effort of a mailed secret ballot vote in the face of a known conclusion was little better than digging a hole in the yard, filling it with money, and lighting it on fire. Others read Civil Code section 5100(a)’s “shall” as requiring such folly.
Prior to Senate Bills 323 and 754, the HOA legal community was split on the advisability of acclamation. Some attorneys took the position that requiring zero-budget nonprofits to incur the expense and effort of a mailed secret ballot vote in the face of a known conclusion was little better than digging a hole in the yard, filling it with money, and lighting it on fire. Others read Civil Code section 5100(a)’s “shall” as requiring such folly.