Te failure to adopt compliant election rules could make an association’s future elections subject to successful challenge. With the additional requirements, the time it takes to complete an election and the cost will double. Here are some more elements:


Elections will now take more than 100 days.


Elections must be held at minimum every four years. It isn’t clear what this means for associations which struggle to ever meet quorum.


Te inspector of elections must be an entity or individual with no previous contractual relationship with the association, which disqualifies managers, attorneys and accountants, among others. Tis will be a new cost for many associations.


When a court finds that election procedures were not adopted or adhered to, it shall void the election results unless the association establishes that its noncompliance did not affect the election results. It allows a member to be awarded attorneys’ fees for consulting an attorney for small claims court.


Owners may review the signatures of all other owners on the outside mailing envelopes voter list, including parcel numbers. As a condition of casting a ballot, homeowners must give up their right to keep their signatures private.


Te bill also makes members’ email addresses part of the membership list available to all other members, upon request. Members can opt out of having their e-mail addresses included with the membership list, but the bill makes NO allowance for e-mail addresses which have already been provided to associations. Associations should consider providing notice and the opportunity to opt-out to members who previously provided their e-mail addresses and didn’t realize at the time that they would later be handed over to any member.


Te bill leaves many questions unanswered, including:


How do associations with elections scheduled in Q1 of 2020 possibly comply?


How will associations possibly conduct recall elections in 90 days?


Are term limits still valid?


Are director qualifications different from candidate qualifications?


Are the stated qualifications exclusive?


Are homeowner volunteer election inspectors protected in any way in the event of litigation?


ASSEMBLY BILL 670


Tis bill, which was opposed by CAI-CLAC, makes any provision in a community association’s governing documents void and unenforceable if it prohibits the construction of accessory dwelling units or junior accessory dwelling units. An “accessory dwelling unit” or “ADU” is a second unit on a lot, either detached or contained within the walls of the house on the lot, up to 1,200 square feet, and including cooking, sleeping, and bathroom facilities. Accessory dwelling units may also have relaxed setback and parking requirements. A “junior accessory dwelling unit” may be up to 500 square feet and must have an outside entrance and cooking facilities, but may share bathroom facilities with the main house on the lot.


ADU companion bills signed by the Governor include:


 AB 68 makes major changes to facilitate the development of more ADUs and address barriers to building. Te bill reduces barriers to ADU approval and construction, which will increase production of these low-cost, energy-efficient units and add to California’s affordable housing supply.


 AB 587 provides a narrow exemption for affordable housing organizations to sell deed-restricted land to eligible low-income homeowners.


 AB 671 requires local governments’ housing plans to encourage affordable ADU rentals and requires the state to develop a list of state grants and financial incentives for affordable ADUs.


 AB 881 removes impediments to ADU construction by restricting local jurisdictions’ permitting criteria, clarifying that ADUs must receive streamlined approval if constructed in existing garages, and eliminating local agencies’ ability to require owner-occupancy for five years.


 SB 13 creates a tiered fee structure which charges ADUs more fairly based on their size and location. Te bill also addresses other barriers by lowering the application approval timeframe, creating an avenue to get unpermitted ADUs up to code, and enhancing an enforcement mechanism allowing the state to ensure that localities are following ADU statute.


Townhomes with garages and single-family planned developments will face significant challenges complying


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