As discussed in my other blog posts, SB 323 permits associations to impose a number of specific qualifications on director-candidates and directors.
SB 323 adds new Civil Code section 5105(c), which provides that an association “may disqualify a person from nomination as a candidate pursuant to any of the following,” with “the following” being a list of optional qualifications.
SB 323 revised Civil Code section 5105(a)(3) to provide that election rules must “[s]pecify the qualifications for candidates for the board and any other elected position, subject to [new Civil Code section 5105(b)].”
SB 323 adds new Civil Code section 5105(c)(1), which provides that “[s]ubject to paragraph (2) of [Civil Code § 5105(d)], an association may require a nominee for a board seat, and a director during their board tenure, to be current in the payment of regular and special assessments.”
SB 323 adds new Civil Code section 5105(c)(3), which provides that associations “may disqualify a nominee if that person has been a member of the association for less than one year.”
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HOA Law Blog
A thrilling blog that isn't legal advice about California HOA law. Reposts and reprints with attribution. Topics:
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