Nominating Committee
A committee appointed or elected to identify, recruit, and vet qualified candidates for board positions in advance of an election. The nominating committee plays an important role in ensuring that the association has a robust slate of candidates and that elections are competitive and well-organized. Typical responsibilities include soliciting expressions of interest from homeowners, verifying that candidates meet eligibility requirements set forth in the governing documents (such as being a member in good standing, not having an unpaid delinquency, or not having a pending enforcement action), preparing a slate of nominees, and distributing candidate information to the membership. Not all associations use nominating committees — some allow open self-nomination, floor nominations at the annual meeting, or a simple declaration of candidacy process. In California, the Davis-Stirling Act (Civil Code Section 5105) requires that association election rules provide a process for nominations, and that any member who meets the qualifications stated in the governing documents be allowed to run for the board. Importantly, a nominating committee cannot exclude qualified candidates from the ballot or limit the election to only those candidates the committee selects. The committee's role is facilitative, not gatekeeping. Associations that use nominating committees should ensure the committee itself is diverse and representative, and that the nomination process is transparent and well-communicated to the entire membership well in advance of the election.
Related Terms
Frequently Asked Questions
Can a nominating committee prevent someone from running for the HOA board?
No. In California, any member who meets the qualifications stated in the governing documents has the right to be a candidate for the board (Civil Code Section 5105). The nominating committee may facilitate the nomination process and prepare a slate, but it cannot exclude qualified candidates. If the governing documents set specific eligibility requirements (such as being current on assessments), those requirements must be applied equally and consistently to all candidates.