Senate Bill 323 added 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.”
The purpose of this optional qualification is unclear, as new members are often the most enthusiastic about volunteering for their community. Discouraging such energy offers no apparent benefits - especially if a board features staggered terms - and is likely to further drain the already shallow pool of willing candidates. Thankfully SB 323 makes up for this deficiency by permitting murderers and other convicted felons whose crimes do not imperil the association's fidelity coverage to serve on the board. Make sure to add "no fighting with shivs" to your director code of conduct!
The purpose of this optional qualification is unclear, as new members are often the most enthusiastic about volunteering for their community. Discouraging such energy offers no apparent benefits - especially if a board features staggered terms - and is likely to further drain the already shallow pool of willing candidates. Thankfully SB 323 makes up for this deficiency by permitting murderers and other convicted felons whose crimes do not imperil the association's fidelity coverage to serve on the board. Make sure to add "no fighting with shivs" to your director code of conduct!
Another fun wrinkle: SB 323 does not address whether such a first-year qualification would apply to the “membership” of a natural person appointed by an entity-owner. Read literally, the qualification could bar such persons from board service until a year has passed from appointment by the entity-owner, regardless of how long the entity-owner has held title.