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Election Services

HOMEOWNER ASSOCIATION ELECTION SERVICES

NEW LAW, NEW POLICY - IN PERSON OR OFFERED BY ZOOM

CIVIL CODES 5100-5145

2023

On January 1, 2020, a new law took effect that is having a significant financial and legal impact on all California community associations. Signed into law by Governor Gavin Newsom in October 2019, SB 323 (Wieckowski) overhauls the process of conducting most homeowner association elections and member votes.

The California Association of Homeowners Associations will provide professional voter Election Services for your community based on the size of your community + mailing (additional costs relative to size).

Contact us at: 

calmonson3@gmail.com

rich@calassoc-hoa.com

Call: 951-634-9266


Election of Directors, Voting Regarding Elections, Assessments, Governing Documents

The social success of a condominium or community Association depends in large part on the manner in which the Association conforms and complies with the codes and laws that govern them. Previously, the State Legislature adopted "Election Procedure" laws (SB-61) that became effective July 1, 2006; said laws have been recorded in the California Civil Code and include Sections 5100-5145 of the Davis Sterling Act.

Recently SB 323 and other Civil Codes have made significant changes to the Homeowner Association Election process

The purpose of these new election laws is to provide election procedures that will ensure and protect the integrity of the elections by adopting and implementing specific election processes and procedures in which elections shall, by mandate, be held by secret ballot.

The following "Election Policy and Procedures" and a means to enforce them, will assure the community Association of a professional, fair and unbiased election. Your Board of Directors has adopted the following rules and regulations in accordance with the California Civil Code to help assure the enjoyment and tranquility for all persons living in the community. These codes, in certain areas, may supersede the Association's CC&R’s and Bylaws and are equally enforceable under the law. Voting is restricted to owners only unless provided by proxy as explained herein.

ELECTION POLICY – SB 323 – CIVIL CODE 5100-5145

Pursuant to the California Civil Code, Sections 5100- 5145, the following rules and procedures shall apply for election of Directors, Voting regarding Assessments, Governing Documents and the Granting of the Exclusive Rights to Use Common Area:

1. CALL FOR ELECTION OR OTHER VOTING MEETINGS:

The call for a meeting to conduct the business of the Association including the "Notice of Meeting and Agenda" will proceed in the same usual and customary manner set forth in the Association's CC&R’s and Bylaws. The meeting notification process will not change under the guidelines of Civil Codes 5100-5145.

2. NAME IN NOMINATION:

The Association shall mail a "Candidate Nomination Form" to all homeowners at least sixty (60) days prior to the election. Said form must be returned to the Association at least thirty (30) days prior to the election.

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