Would require an association that has adopted candidate disqualifications to also require the same director disqualifications in its election rules.
Current Status: Chaptered
FindHOALaw Quick Summary:
Existing law authorizes an association to impose certain qualification requirements on a nominee for a board seat, including requiring a nominee to have been a member for at least one year, and disqualifying a nominee for a past criminal conviction that would, if the nominee were elected, either prevent the association from purchasing certain required insurance or terminate the association’s existing required insurance coverage.
This bill would amend Civil Code Section 5105 to provide that an association that disqualifies a nominee would be required in its election rules to require a director to comply with the same requirements.
Under existing law, if there are not more qualified candidates than vacancies, an association is authorized to consider the candidates elected by acclamation if the association permits all candidates to run if nominated. However, an association is authorized to disqualify a nominee who has served the maximum number of terms or sequential terms allowed by the association.
This bill would amend Civil Code Section 5103 and 5105 to require an association to disqualify that nominee. Under the bill, a director who ceases to be a member of the association would be disqualified from continuing to serve as a director.
**AB 1764 was signed in to law on October 11, 2023 and takes effect January 1, 2024.
from the California Legislature's website