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Senate Bill 323: a disaster for California's HOAs.

11/4/2019

 
​Governor Newsom signed Senate Bill 323 ("SB 323") on October 12th. Effective January 1, 2020, SB 323 will dramatically change the laws controlling election rules, director qualifications, inspectors, election timelines, association records, election litigation, 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.

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Senate Bills 323 and 754: the certain death of acclamation.

11/3/2019

 
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.

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Senate Bill 323: dispute resolution for non-disputes.

11/2/2019

 
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.”

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Senate Bill 323: odds and ends that are odd, and should be ended.

11/1/2019

 
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.

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Senate Bill 323: the butterfly effect, with lawyers.

11/1/2019

 
SB 323 revised Civil Code section 5145(a) to provide that, "[i]f a member establishes ... that [association election law was] not followed, a court shall void any results of the election unless the association establishes ... that the association’s noncompliance ... did not affect the results of the election."

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    New Laws

    An occasional blog that isn't legal advice about California common interest law. Prepare to be thrilled, or fall asleep. Reposts and reprints with attribution.

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    Assembly Bill 670
    Senate Bill 222
    Senate Bill 234
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Disclaimer

​I created this site for informational and advertising purposes. It is not intended to serve as and should not be relied on for legal advice. No attorney-client relationship exists until I am retained pursuant to the terms of my fee agreement.
​Copyright 2019 John Kirkham. All rights reserved.
  • Home
  • Why Update
  • Mr. Kirkham
  • Services
    • Residential Updates
    • Mixed-Use Updates
    • SB 323 Updates
    • Commercial Updates
  • New Laws
  • Reviews
  • FAQ
  • Request Proposal