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CA SB323

Bill

Status

Passed

10/12/2019

Primary Sponsor

Bob Wieckowski

Click for details

Origin

Senate

2019-2020 Session

AI Summary

  • Requires associations to hold elections for board seats at the expiration of each director's term and at minimum every four years, conducted by secret ballot with independent third-party inspectors of elections.

  • Mandates associations provide at least 30 days' notice before nomination deadlines and disqualify candidates who are not members at time of nomination; allows disqualification based on criminal convictions affecting fidelity bonds, failure to pay regular and special assessments (with exceptions), joint ownership conflicts, or membership less than one year.

  • Requires associations maintain candidate registration lists and voter lists that members can verify for accuracy at least 30 days before ballot distribution; prohibits denial of ballots to members or persons with general power of attorney for owners.

  • Establishes that sealed ballots, signed voter envelopes, voter lists, proxies, and candidate registration lists remain in inspector custody until after vote tabulation and challenge period; treats these materials as association records subject to inspection.

  • Allows members to file civil actions for election violations within one year from when election results are announced; courts must void election results if noncompliance is proven unless association shows noncompliance did not affect results; prevents associations from filing lawsuits regarding disputes where members requested internal dispute resolution unless association complied with those procedures.

Legislative Description

Common interest developments: elections.

Last Action

Chaptered by Secretary of State. Chapter 848, Statutes of 2019.

10/12/2019

Committee Referrals

Judiciary6/20/2019
Housing and Community Development6/6/2019
Housing4/8/2019
Judiciary2/28/2019
Rules2/15/2019

Full Bill Text

No bill text available