Unfortunately, SBs 323 and 754 clarified this split in favor of the fiery hole. Effective January 1, 2020, new Civil Code section 5100(g)(1) provides that acclamation is only permissible if an “association includes 6,000 or more units.” Leaving aside the fact that corporations cannot “include” units, the effect of this change is that acclamation’s benefits are now only available to common interest developments which feature 6,000 or more separate interests. All others must dig.
It is unclear as to why the Legislature conditioned the practical relief of acclamation on size, as the benefits scale proportionately. It is also unclear as to why the SB 754's sponsor - the members of a large retirement community - have the time and energy to legislate but not run for their own board. Regardless, the certain death of acclamation for all but the largest of California's CIDs adds insult to injury to the problem of member apathy.