someone who has been a member for less than a year.
2020 LEGISLATION UPDATE
SENATE BILL 323 –Elections and E-mail Address Disclosure Disclosure
Last year I talked about the defeat of SB 1265, which sought to interfere unnecessarily with community association elections. Governor Brown vetoed the bill, stating:
“California has over 50,000 common interest developments varying in purpose and size. Each one has governing documents that are tailored specifically for that individual community. Tis bill takes a once-size-fits-all approach, but not all homeowner associations are alike. If changes to an election process are needed, they should be resolved by the members of that specific community.”
Unfortunately, the message was not received in Sacramento. Like a zombie rising from the crypt, with no brains or purpose but to wreak havoc, SB 1265 clawed its way back in the form of SB 323. As a result of unprecedented bad drafting and illogical requirements, attorneys and other professionals have been working hard trying to decipher all of maniacal traps and survive the house of mirrors.
First and foremost, everyone should know that every association in California is required to adopt new election rules to comply with SB 323, which, among other things:
Specify candidate qualifications, subject to the following:
o must disqualify anyone not a member at the time of nomination (except developer nominations if otherwise permitted in the documents);
o entity owners may appoint a natural person for nomination or service as a director;
o if stated in the bylaws or election rules, may disqualify:
persons delinquent in the payment of regular or special assessments, except if assessments are paid under protest or pursuant to a payment plan;
joint owners from serving on the board at the same time; or
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o may not disqualify anyone for nonpayment of fines, fines characterized as assessments,
collection charges, late charges or costs levied by a third party (management companies e.g.).
Require retention of, as election materials, a candidate registration list and voter list. Te voter list must the name, voting power, and physical address or parcel number or both, and the mailing address in some cases.
Must make candidate registration list and voter list available to members to verify accuracy the member’s information at least 30 days before ballots are distributed.
Provide general notice (or individual notice if requested) at least 30 days before nomination deadline of the procedure and deadline for submitting a nomination.
Provide general notice (or individual notice if requested) at least 30 days before ballot distribution of the following:
o date, time and physical address to return ballots;
o date time and location of ballot counting meeting;
o a list of candidates’ names that will appear on the ballot.
Mandate the inspector of elections deliver to each member by individual delivery (or website posting when specified wording regarding website posting is state on the ballot) the ballots and a copy of the election operating rules at least 30 days before an election.
Prohibit the denial of a ballot to a member for any reason and to a person with general power of attorney for a member.
Require the sealed ballots, signed voter envelopes, voter list, proxies, and candidate registration list to be in the custody of the inspector of elections or at a designated location until after vote tabulation and would, with certain exceptions, require these association election materials to be considered association records, as defined, subject to inspection and copying.
Allow someone with a general power of attorney to vote for a member.
May not be amended less than 90 days before an election.
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