Senate Bill 323 Updates
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. I discuss SB 323 and its disastrous anti-HOA changes in this blog post.
At a minimum, SB 323 will require every residential and mixed-use HOA subject to the Davis-Stirling Act to adopt new election rules. Given the extent of SB 323's changes, most communities will also be forced to update or amend their bylaws and CC&Rs as well. Associations which fail to do so can face voided election results and costly legal liability, including the challenger's attorney's fees and civil penalties of up to $500 per violation.
My SB 323 update service is designed to help your association operate with confidence in the face of this complex new law. For one low flat fee, I provide:
1. An explanatory questionnaire that permits your board to select SB 323 compliant best practices;
2. New SB 323 compliant election rules your board can adopt now; and
3. An SB 323 roadmap that explains the law and its changes, including the new election timeline, candidate and voter lists, election notices, and more.
I also review your current CC&Rs and bylaws and advise as to the necessity or advisability of an amendment or update. For communities whose current documents are over 10 years old or for whom extensive revisions are required, my complete update service is often a better value. My complete update service includes this SB 323 service in full, as well as new SB 323 compliant CC&Rs, bylaws, articles, and a maintenance matrix.
If you have questions about SB 323, the update process, or my services, please review my blog and frequently asked questions or email me at email@example.com to request a consultation. Otherwise, please contact me today to request an update proposal.