Under Civil Code section 5105, associations may not prohibit owners from nominating themselves to serve on an association’s board. Many associations have governing document provisions for a nominating committee, although we often see that many associations do not use their nominating committee, even if their documents provide for one, sometimes due to the difficulty of finding owners willing to serve on the committee. Most board nominations come from self-nomination or nomination from other members before the ballots are printed and mailed. Some governing documents may prohibit or allow nominations from the floor at the annual meeting. Other governing documents may ban the use of write-in votes, effectively prohibiting “nomination” after the ballots are mailed.

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