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Top Ten SB 323 Takeaways

Written by: Ronni Maestas

Oct | 30

Effective January 1, 2020, there will be significant changes to the laws governing homeowner association elections. With the passage of California Senate Bill 323, Civil Code sections 5100, 5105, 5110, 5115, 5125, 5145, 5200 are amended and section 5910.1 has been added.

Contact us at (925) 926-1200 with any questions regarding these complex new requirements and how they may impact your association. Additionally, HGCT is offering a flat fee voting and election rules package which meets these requirements.

Top Ten (plus one) takeaways from SB 323:

  1. All associations need to adopt new Election Rules.
  2. New Election Rules cannot be adopted within 90 days of an election.
  3. Any association with elections in the first quarter of 2020 should adopt new Election Rules in 2019.
  4. Managers, attorneys, CPAs, etc. under contract with the association cannot serve as Inspectors of Elections.
  5. Duties of Inspector of Elections are expanded.
  6. Increase budget to cover costs to adopt new the Election Rules and pay for outside Inspector of Elections.
  7. Directors must be members of the association.
  8. Membership lists must now include email addresses.
  9. Association may prevent members delinquent in assessments from being candidates if that is also made applicable to Directors.
  10. Election Rules must be sent out with ballots.
  11. After the election, Inspector/association must retain signed voter envelopes, voter list, proxies, candidate registration lists and ballots.