Question:
If the HOA decides to have a nominating committee for board elections, do the members of the nominating committee need to be a member of the association (i.e. they own a unit in the condominium) or can the nominating committee consist of people from the property management team (3rd party employed by the HOA)?
Thank you
– Margarita
Answer:
Hi Margarita,
Nominating committees in California HOAs have been rendered moot due to Civil Code § 5105. The board may still appoint members of nominating committees and these committees can still solicit candidates. However, such committees can no longer reject qualified candidates. As for who can be a member of the committee, that will depend on your bylaws.
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