Assemblymember Phil Ting introduced Assembly Bill 3182 on February 21st. If chaptered in its current form, AB 3182 would void all rental and lease restrictions contained in HOA governing documents, other than those which prohibit short-term rentals.
Governor Newsom signed Senate Bill 323 ("SB 323") on October 12th. Effective January 1, 2020, SB 323 will dramatically change HOA election law, including the laws controlling candidate and director qualifications, election rules, election timelines, pre-election notices, inspectors, recordkeeping, and more.
SB 323 is a disaster for California's residential and mixed-used HOAs. Each and every one of the state's tens of thousands of associations subject to the Davis-Stirling Act must now scramble to update their election rules and adopt new election practices before January 1st or face voided election results and costly legal liability, including attorney's fees and civil penalties of up to $500 per violation.
Election by acclamation is the process of declaring a slate of director-candidates elected when the number of candidates at the deadline for nomination is equal to or less than the number of board positions to be filled, and thus the results a foregone conclusion.
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.