SERIOUS Election Rule Misunderstandings!

recent events Mar 05, 2020
The California requirements for Community Association elections have recently changed significantly. The new laws require that all California community associations adopt new or revised election rules.

Unfortunately, recent industry publications appear to have caused some confusion and misunderstanding about the new requirements.  Let’s clear the big one’s up right now:
  • The new law DOES NOT require that an association to amend it’s CC&Rs or Bylaws.  (This may be something your community would like to do, but it is not required). 
  • The new law DOES require that all California community associations restate or amend their election rules.  However, this DOES NOT require membership balloting or approval (although there are other much less burdensome logistics required).  
  • It is true that there are potential adverse ramifications if your association did not amend or restate its election rules on or before January 1, 2020.  HOWEVER, even if it did not, we view the risks as low for most associations, provided that they proceed diligently toward compliance. 
For many reasons, we are not fans of this new law. HOWEVER, given that all associations are required to amend or restate their election rules anyway, we view this process as an opportunity for most associations to simultaneously (and efficiently), address a number of other election-related issues that many communities have faced in the 13 years since election rules were first required and quickly adopted in 2007!

If you would like more details regarding these new California requirements and more information as to the new election law-related services that we offer, click here, or give any of us a call.

The information contained in this document is presented for educational purposes only.
It does not constitute legal advice concerning any specific circumstances

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