Cal. Codes » Civil Code / DIVISION 4. GENERAL PROVISIONS / PART 5. Common Interest Developments / CHAPTER 6. Association Governance / ARTICLE 4. Member Election
California Codes

Cal. Civil Code § 5103 (2026)

Member Election

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Notwithstanding the secret balloting requirement in Section 5100, or any contrary provision in the governing documents, when, as of the deadline for submitting nominations provided for in subdivision (a) of Section 5115, the number of qualified candidates is not more than the number of vacancies to be elected, as determined by the inspector or inspectors of the elections, the association may, but is not required to, consider the qualified candidates elected by acclamation if all of the following conditions have been met:

(a)The association has held a regular election for the directors in the last three years. The three-year time period shall be calculated from the date ballots were due in the last full election to the start of voting for the proposed election.

(b)The association provided individual notice of the election and the procedure for nominating candidates as follows:

(1)Initial notice at least 90 days before the deadline for submitting nominations provided for in subdivision (a) of Section 5115. The initial notice shall include all of the following:

(A)The number of board positions that will be filled at the election.

(B)The deadline for submitting nominations.

(C)The manner in which nominations can be submitted.

(D)A statement informing members that if, at the close of the time period for making nominations, there are the same number or fewer qualified candidates as there are board positions to be filled, then the board of directors may, after voting to do so, seat the qualified candidates by acclamation without balloting.

(2)A reminder notice between 7 and 30 days before the deadline for submitting nominations provided for in subdivision (a) of Section 5115. The reminder notice shall include all of the following:

(A)The number of board positions that will be filled at the election.

(B)The deadline for submitting nominations.

(C)The manner in which nominations can be submitted.

(D)A list of the names of all of the qualified candidates to fill the board positions as of the date of the reminder notice.

(E)A statement reminding members that if, at the close of the time period for making nominations, there are the same number or fewer qualified candidates as there are board positions to be filled, then the board of directors may, after voting to do so, seat the qualified candidates by acclamation without balloting. This statement is not required if, at the time the reminder notice will be delivered, the number of qualified candidates already exceeds the number of board positions to be filled.

(c)(1)The association provides, within seven business days of receiving a nomination, a written or electronic communication acknowledging the nomination to the member who submitted the nomination.

(2)The association provides, within seven business days of receiving a nomination, a written or electronic communication to the nominee, indicating either of the following:

(A)The nominee is a qualified candidate for the board of directors.

(B)The nominee is not a qualified candidate for the board of directors, the basis for the disqualification, and the procedure, which shall comply with Article 2 (commencing with Section 5900) of Chapter 10, by which the nominee may appeal the disqualification.

(3)The association may combine the written or electronic communication described in paragraphs (1) and (2) into a single written or electronic communication if the nominee and the nominator are the same person.

(d)(1)The association permits all candidates to run if nominated, except for nominees disqualified for running as allowed or required pursuant to subdivisions (b) to (e), inclusive, of Section 5105.

(2)If an association disqualifies a nominee pursuant to this subdivision, an association in its election rules shall also require a director to comply with the same requirements.

(e)The association board votes to consider the qualified candidates elected by acclamation at a meeting pursuant to Article 2 (commencing with Section 4900) for which the agenda item reflects the name of each qualified candidate that will be seated by acclamation if the item is approved.

Notes of Decisions
Cited in 22 cases (2 in the last 5 years), 1971–2024 · leading case: In re the Marriage of Murray, 101 Cal. App. 4th 581 (Cal. Ct. App. 2002).
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In re the Marriage of Murray, 101 Cal. App. 4th 581 (Cal. Ct. App. 2002). “This confidential relationship imposes a duty of the highest good faith and fair dealing on each spouse, and neither shall take any unfair advantage of the other.”
Gabaig v. Gabaig, 717 P.2d 835 (Alaska 1986). · cites it 2× “2d 14 (1949); Cal.Civil Code § 5103 (West Supp.1985). 11 When one spouse fails to act in good faith and thereby gains an advantage over the other, he is guilty of fraud.”
Charlton v. Charlton, 413 S.E.2d 911 (W. Va. 1992). · cites it 2× “' (Civ.Code, § 5103.) To support a finding of undue influence, `[t]he evidence, in addition to a showing of marriage relationship, must also show such unfairness of the transaction as will tend to establish that the wrongful spouse made use of the confidence reposed for the…”
In re Marriage of Haines, 33 Cal. App. 4th 277 (Cal. Ct. App. 1995). “The version of former Civil Code section 5103, subdivision (b), in effect at the time of trial read as follows: “(b) Except as provided in Sections 143, 144, and 146 of the Probate Code, in transactions between themselves, a husband and wife are subject to the general rules…”
Borelli v. Brusseau, 12 Cal. App. 4th 647 (Cal. Ct. App. 1993). · cites it 4× “" Civil Code section 5103 — "[E]ither husband or wife may enter into any transaction with the other .”
In re the Marriage of Weaver, 224 Cal. App. 3d 478 (Cal. Ct. App. 1990). “) 6 Civil Code section 5103, subdivision (b), provides in relevant part, that “in transactions between themselves, a husband and wife are subject to the general rules which control the actions of persons occupying confidential relations with each other.”
In re Marriage of Saslow, 710 P.2d 346 (Cal. 1985). “” (Civ. Code, § 5103.) To support a finding of undue influence, “[t]he *864 evidence, in addition to a showing of marriage relationship, must also show such unfairness of the transaction as will tend to establish that the wrongful spouse made use of the confidence reposed for…”
In re the Marriage of Baltins, 212 Cal. App. 3d 66 (Cal. Ct. App. 1989). “(Civ. Code, § 5103; Estate of Cover (1922) 188 Cal.”
In re Marriage of Doud, 181 Cal. App. 3d 510 (Cal. Ct. App. 1986). · cites it 2× “(Civ. Code, § 5103; see Dexter v. Dexter (1954) 42 Cal.”
Est. of Wilson, 64 Cal. App. 3d 786 (Cal. Ct. App. 1976). “(Civ. Code, § 5103.) (1b) It is well settled that joint or companion wills executed by spouses and declaring their property to be community property may change its character from separate to community.”
In re Marriage of Koppelman, 159 Cal. App. 3d 627 (Cal. Ct. App. 1984). “2d 728 ]; Civ. Code, § 5103.) When a trustee spouse has commingled separate and community funds and assets so that it is impossible to ascertain and identify each source, the commingled whole will be *635 presumed to be community property.”
United States v. Itt Consum. Fin. Corp., 816 F.2d 487 (9th Cir. 1987). “2d 1068, 1069-70 (1949), Cal.Civ.Code § 5103 (Supp.1987); Bender v.”
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