SB 323 amends Civil Code section 5105 to provide that election rules must contain a laundry-list of mandatory new provisions. As discussed in my other blog posts, however, many of these provisions will conflict with most communities' existing governing documents.
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SB 323 continues Civil Code section 5100(f), which provides that "[d]irectors shall not be required to be elected pursuant to this article if the governing documents provide that one member from each separate interest is a director."
SB 323 revised Civil Code section 5145(a) to provide that “[a] member of an association may [sue] for a violation of this article by the association … within one year of the date that the inspector notifies the board and membership of the election results or the cause of action accrues, whichever is later.”
SB 323 adds new Civil Code section 5105(c)(4), which provides that an association may disqualify a candidate for the board “if that person discloses, or if the association is aware or becomes aware of, a past criminal conviction that would, if the person was elected, either prevent the association from purchasing the fidelity bond coverage required by [Civil Code s]ection 5806 or terminate the association’s existing fidelity bond coverage.”
As discussed in my other blog posts, SB 323 permits associations to impose a number of specific qualifications on director-candidates and directors.
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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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