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SB 392: Dude, Where’s my Ballot?

12/7/2021

 
Section 4041 of the Davis-Stirling Act requires homeowners to annually disclose their current mailing address and their HOA to annually solicit the same. These important disclosure and solicitation requirements help ensure associations can effectively communicate with their constituent members, a necessary aspect of good governance.

Effective January 1, 2022, Senate Bill 392 will amend Section 4041 to instead provide that owners must disclose their “preferred delivery method,” which must include the options of receiving notices at a mailing address, an email address, or both. Then, effective January 1, 2023, the bill will amend Section 4040 to provide that HOAs must deliver all individual notices by each member’s preferred method.

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SB 432: Who Maintains Custody of HOA Election Materials?

11/30/2021

 
Section 5200(c) of the Davis-Stirling Act defines “association election materials” as the “returned ballots, signed voter envelopes, [voter list], proxies, and … candidate registration list.”

Section 5125 provides that association election materials “shall at all times be in the custody of the inspector … or at a location designated by the inspector … until after the tabulation of the vote, and until the time allowed by Section 5145 for challenging the election has expired, at which time custody shall be transferred to the association.” Section 5145 requires election challenges to be brought within one year, so Section 5125 is generally interpreted as requiring inspectors to maintain custody for one year then transfer the association election materials to the HOA.

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    HOA Law Blog

    A thrilling blog that isn't legal advice about California HOA law. Reposts and reprints with attribution.

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    Assembly Bill 3182
    Assembly Bill 502
    Assembly Bill 670
    Senate Bill 222
    Senate Bill 234
    Senate Bill 323
    Senate Bill 392
    Senate Bill 432
    Senate Bill 754

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