*New Legislation
Governor Newsom recently signed into law Senate Bill 323 (“SB 323“). SB 323 makes substantive modifications to the Civil Code’s provisions governing HOA elections, effective January 1, 2020. Some of the more significant modifications require associations to amend their election rules to conform to new statutory requirements, limit the types of candidate qualifications an association may adopt, address the only circumstance for elections by acclamation, place limitations on who may serve as an inspector of elections, and bolster the ability of members to overturn an election that is not conducted in accordance with proper procedures.
*We have published a detailed article on SB 323, entitled “The New State of HOA Election Laws.” The article is available for download, here.
*Also included with the article is a “Director Election Timeline” that illustrates the new pre-election notice requirements imposed by SB 323. The timeline is also available for download, here.
SB 323 requires HOAs to make immediate changes to their election rules, especially those HOAs that have their annual meeting set to take place in the first quarter of 2020. Time is of the essence. Our team of HOA lawyers is ready to assist our clients with the steps needed to conform to the changes imposed by SB 323. |