SB 323 adds new Civil Code section 5105(e), which provides that “[a]n association shall not disqualify a person from nomination if the person has not been provided the opportunity to engage in internal dispute resolution.”
|
This blog post is a running list of SB 323's ambiguities and flaws that seem problematic enough to complain about but not problematic enough to waste a funny title on. I myself feel like running away.
SB 323 revised Civil Code section 5145(a) to provide that, "[i]f a member establishes ... that [association election law was] not followed, a court shall void any results of the election unless the association establishes ... that the association’s noncompliance ... did not affect the results of the election."
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.
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."
|
HOA Law Blog
A thrilling blog that isn't legal advice about California HOA law. Please contact me today to request an update proposal. 
Topics:
|
