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Senate Bill 323 added new Civil Code section 5105(c), which provides that an association “may disqualify a person from nomination as a candidate pursuant to any of the following,” with “the following” being a list of optional qualifications.
Section 5105(c) does not provide that its list is exclusive or the only set of qualifications which may be imposed, and new Civil Code sections 5105(b) and (d) provide additional mandatory and optional qualifications.
Section 5105(c) does not provide that its list is exclusive or the only set of qualifications which may be imposed, and new Civil Code sections 5105(b) and (d) provide additional mandatory and optional qualifications.
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Senate Bill 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.
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.
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As discussed in my other blog posts, Senate Bill 323 permits associations to impose a number of specific qualifications on director-candidates and directors.
SB 323 is silent, however, as to association qualifications in regards to non-elected association positions, such as those imposed on officers and committee members. Most associations require such positions to be filled by members in good standing. Presumably such qualifications remain valid, at least in regards to those officer positions which are not expressly required to be filled by directors.
SB 323 is silent, however, as to association qualifications in regards to non-elected association positions, such as those imposed on officers and committee members. Most associations require such positions to be filled by members in good standing. Presumably such qualifications remain valid, at least in regards to those officer positions which are not expressly required to be filled by directors.
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Senate Bill 323 added new Civil Code section 5105(c)(1), which provides that “[s]ubject to paragraph (2) of [Civil Code § 5105(d)], an association may require a nominee for a board seat, and a director during their board tenure, to be current in the payment of regular and special assessments.”
Paragraph (2) of Civil Code section 5105(d), in turn, provides that this current-in-payment qualification does not apply to director-candidates who have entered into a payment plan pursuant to Civil Code section 5665. So far, so good.
Paragraph (2) of Civil Code section 5105(d), in turn, provides that this current-in-payment qualification does not apply to director-candidates who have entered into a payment plan pursuant to Civil Code section 5665. So far, so good.
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Senate Bill 323 added new Civil Code section 5105(h), which provides that “[e]lection operating rules adopted pursuant to this section shall not be amended less than 90 days prior to an election.”
It is unclear as to what date is meant by “an election.” Does this mean the date on which the ballots are distributed, the deadline for voting, or the meeting at which ballots are counted? New Civil Code section 5105(g)(4) and common sense suggest “an election” means the deadline for voting, but this interpretation is susceptible to others as well, including, potentially, the first exercise of any of the free speech activities controlled by said rules.
It is unclear as to what date is meant by “an election.” Does this mean the date on which the ballots are distributed, the deadline for voting, or the meeting at which ballots are counted? New Civil Code section 5105(g)(4) and common sense suggest “an election” means the deadline for voting, but this interpretation is susceptible to others as well, including, potentially, the first exercise of any of the free speech activities controlled by said rules.
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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 "please no knife fighting!" 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 "please no knife fighting!" to your director code of conduct.
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Senate Bill 323 added new Civil Code section 5105(g)(4), which provide that “[n]otwithstanding any other law" election rules shall "[r]equire the inspector or inspectors of elections to deliver, or cause to be delivered, at least 30 days before an election, to each member" the ballot and a copy of the election rules.
Civil Code section 5115(c) (was (a)), however, provides that "[b[allots and two preaddressed envelopes with instructions on how to return ballots shall be mailed by first-class mail or delivered by the association to every member not less than 30 days prior to the deadline for voting." Emphasis added.
Civil Code section 5115(c) (was (a)), however, provides that "[b[allots and two preaddressed envelopes with instructions on how to return ballots shall be mailed by first-class mail or delivered by the association to every member not less than 30 days prior to the deadline for voting." Emphasis added.
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Senate Bill 323 added new Civil Code section 5105(g), which provides that “[n]otwithstanding any other law,” election rules shall “[r]equire the ballot of a person with general power of attorney for a member to be counted if returned in a timely manner.”
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Senate Bill 323 added 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.”
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Senate Bill 323 added new Civil Code section 5105(g), 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.”