SB 323 adds new Civil Code section 5105(g)(1), which provides that “[n]otwithstanding any other law,” election rules shall “[p]rohibit the denial of a ballot to a member for any reason other than not being a member at the time when ballots are distributed.”
Most associations use the first day on which ballots are distributed as their record date for member voting. Others, however, specify earlier dates. These communities run the risk of inadvertently - and impermissibly - disqualifying new members from voting, and should amend or update their governing documents to reflect SB 323’s single mandatory new voting record date.
Or maybe not, as discussed in this blog post.
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Or maybe not, as discussed in this blog post.
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