SB 323 revised Civil Code section 5105(a)(3) to provide that election rules must “[s]pecify the qualifications for candidates for the board and any other elected position, subject to [new Civil Code section 5105(b)].”
Civil Code section 5105(a)(5)(B) currently provides that one method of selecting inspectors is via election by the members. For communities which utilize this method, however, SB 323’s above-noted revision may mean that new Civil Code section 5105(b)’s ban on non-member candidates will apply to inspector candidates as well.
This interpretation is supported by the fact that Section 5105(a)(3)’s reference to Section 5105(b)’s qualifications is in regards to candidates for the board and any other elected position, as well as the fact that Section 5105(b) merely discusses candidates, generic, not candidates for the board.
If this interpretation stands, associations which elect their inspectors would apparently be prohibited from accepting inspector candidacies from anyone who is not a member, including otherwise statutorily-permitted volunteer poll workers with the county registrar of voters, licensees of the California Board of Accountancy, and notary publics.
The obvious - and simple - solution to this tar pit is for boards to appoint their inspectors pursuant to Civil Code section 5105(a)(5)(A), which avoids the expense and effort of a vote. Communities whose current governing documents require inspector appointment by election, however, may require an update or amendment.
This interpretation is supported by the fact that Section 5105(a)(3)’s reference to Section 5105(b)’s qualifications is in regards to candidates for the board and any other elected position, as well as the fact that Section 5105(b) merely discusses candidates, generic, not candidates for the board.
If this interpretation stands, associations which elect their inspectors would apparently be prohibited from accepting inspector candidacies from anyone who is not a member, including otherwise statutorily-permitted volunteer poll workers with the county registrar of voters, licensees of the California Board of Accountancy, and notary publics.
The obvious - and simple - solution to this tar pit is for boards to appoint their inspectors pursuant to Civil Code section 5105(a)(5)(A), which avoids the expense and effort of a vote. Communities whose current governing documents require inspector appointment by election, however, may require an update or amendment.
