Senate Bill 323 Updates
Effective January 1st, Senate Bill 323 ("SB 323") dramatically changed HOA election law, including the laws controlling candidate and director qualifications, election rules, election timelines, pre-election notices, inspectors, recordkeeping, and more. I discuss SB 323 in detail on my blog (see New Laws).
SB 323’s most important change, however, is in relation to compliance. Prior to 2020, courts had discretion as to whether to overturn non-compliant elections. Now, courts must void election results unless associations adopt SB 323 compliant election rules and conduct SB 323 compliant elections.
My SB 323 update service is designed to help your association comply with SB 323. 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; and
3. An SB 323 roadmap that explains the law and its changes, the new election rules, and how to conduct SB 323 compliant elections. The roadmap also discusses how the new election rules interact with your current CC&Rs and bylaws, including whether revisions to those documents are necessary (which they generally are). Finally, the roadmap includes instructions and sample forms for conducting director and other elections.
If your current CC&Rs or bylaws are more than 10 years old, however, you may wish to consider my complete update service instead, which includes this SB 323 service in full, as well as new SB 323 compliant CC&Rs, bylaws, 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.