SB-432 (Wieckowski) Common interest developments.

Would allow for board term limits and would require that persons assisting Inspector(s) of Elections satisfy the criteria of an independent third party.

Current Status: Chaptered

FindHOALaw Quick Summary:

Existing law provides for nomination by acclamation in an election of members of the board of directors of the association if certain conditions are satisfied, including that the association permits all candidates to run if nominated. However, an association is authorized to disqualify a person from nomination under certain circumstances, including if the person has been a member of the association for less than one year.
This bill would amend Civil Code Section 5100 to include among the permissible reasons for disqualifying a person from nomination if the person has served the maximum number of terms or sequential terms allowed by the association.
Existing law requires an association to adopt operating rules for appointing one or 3 independent third parties as inspectors of elections and that allow the inspectors to appoint and oversee additional persons to verify signatures and to count and tabulate votes, provided that the persons are independent third parties. Existing law specifies criteria for who an independent third party may be.
This bill would amend Civil Code Section 5105 to require the additional persons to be appointed and overseen by the inspectors of election to also satisfy the criteria of who may be an independent third party.

**UPDATE:  SB 432 was signed by the Governor on October 7, 2021.  Its changes to the law take effect January 1, 2022.

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View more info on AB 432
from the California Legislature's website

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Related Statutes

Related Case Law

  • That v. Alders Maintenance Corporation
    (2012) 206 Cal.App.4th 1419

    [Elections; Legal Challenges] Where a HOA prevails in an action brought against it on the basis of alleged election violations, the HOA is not entitled to recover its attorney’s fees even where the action is found to be frivolous.

  • Laguna Royale Owners Association v. Darger
    (1981) 119 Cal.App.3d 670

    [Reasonableness of Restrictions] Reasonableness of an association’s restrictions and powers is determined by whether they are rationally related to the protection, preservation or proper operation of the Association and its purposes.

  • Friars Village Homeowners Assn. v. Hansing
    (2013) 220 Cal. App. 4th 405

    [Election Rules; Director Qualifications] Court upheld association’s authority to adopt election rules which prohibited closely-related members from being nominated to serve as directors.

Related Links

SB 323 Signed!  The New State of HOA Election Laws - Published on HOA Lawyer Blog (October 2019)