SB 323 (2019)

§ 5105

This act was the only one to amend this section in that window.

1. (a)amendedAn association shall adopt rules, operating rules in accordance with the procedures prescribed by …
2. (a)(1)amended… provided access to association media, newsletters, or Internet Web sites internet websites during a campaign, for purposes that are …
3. (a)(3)amendedSpecify the qualifications for candidates for the board and any other elected position, subject to subdivision (b), and procedures for the nomination of candidates, … if it disallows any member from nominating himself or herself themself for election to the board.
4. (a)(4)amendedSpecify the qualifications for voting, the voting power of each membership, the …
5. (a)(7)addedRequire retention of, as association election materials, both a candidate registration list and a voter list. The voter list shall include name, voting power, and either the physical address of the voter’s separate interest, the parcel number, or both. The mailing address for the ballot shall be listed on the voter list if it differs from the physical address of the voter’s separate interest or if only the parcel number …
6. (b)amendedNotwithstanding any other provision An association shall disqualify a person from a nomination as a candidate for not being a member of law, the rules adopted pursuant to this section may provide for association at the nomination time of candidates from the floor of membership meetings or nomination by any other manner. Those rules may permit write-in candidates for ballots. nomination.
7. (b)(1)addedThis subdivision does not restrict a developer from making a nomination of a nonmember candidate consistent with the voting power of the developer as set forth in the regulations of the Department of Real Estate and the association’s governing documents.
8. (b)(2)addedIf title to a separate interest parcel is held by a legal entity that is not a natural person, the governing authority of that legal entity shall have the power to appoint a natural person to be a member for purposes of this article.
9. (c)addedThrough its bylaws or election operating rules adopted pursuant to subdivision (a) of Section 5105 only, an association may disqualify a person from nomination as a candidate pursuant to any of the following:
10. (c)(1)addedSubject to paragraph (2) of subdivision (d), an association may require a nominee for a board seat, and a director during their board tenure, to be current in the payment of regular and special assessments, which are consumer debts subject to validation. If an association requires a nominee to be current in the payment of regular and special assessments, it shall also require a director to be current in the …
11. (c)(2)addedAn association may disqualify a person from nomination as a candidate if the person, if elected, would be serving on the board at the same time as another person who holds a joint ownership interest in the same separate interest parcel as the person and the other person is either properly nominated for the current election or an incumbent director.
12. (c)(3)addedAn association may disqualify a nominee if that person has been a member of the association for less than one year.
13. (c)(4)addedAn association may disqualify a nominee if that person discloses, or if the association is aware or becomes aware of, a past criminal conviction that would, if the person was elected, either prevent the association from purchasing the fidelity bond coverage required by Section 5806 or terminate the association’s existing fidelity bond coverage.
14. (d)addedAn association may disqualify a person from nomination for nonpayment of regular and special assessments, but may not disqualify a nominee for nonpayment of fines, fines renamed as assessments, collection charges, late charges, or costs levied by a third party. The person shall not be disqualified for failure to be current in payment of regular and special assessments if either of the following circumstances is true:
15. (d)(1)addedThe person has paid the regular or special assessment under protest pursuant to Section 5658.
16. (d)(2)addedThe person has entered into a payment plan pursuant to Section 5665.
17. (e)addedAn association shall not disqualify a person from nomination if the person has not been provided the opportunity to engage in internal dispute resolution pursuant to Article 2 (commencing with Section 5900) of Chapter 10.
18. (f)addedNotwithstanding any other law, the rules adopted pursuant to this section may provide for the nomination of candidates from the floor of membership meetings or nomination by any other manner. Those rules may permit write-in candidates for ballots.
19. (g)addedNotwithstanding any other law, the rules adopted pursuant to this section shall do all of the following:
20. (g)(1)addedProhibit the denial of a ballot to a member for any reason other than not being a member at the time when ballots are distributed.
21. (g)(2)addedProhibit the denial of a ballot to a person with general power of attorney for a member.
22. (g)(3)addedRequire the ballot of a person with general power of attorney for a member to be counted if returned in a timely manner.
23. (g)(4)addedRequire the inspector or inspectors of elections to deliver, or cause to be delivered, at least 30 days before an election, to each member both of the following documents:
24. (g)(4)(A)addedThe ballot or ballots.
25. (g)(4)(B)addedA copy of the election operating rules. Delivery of the election operating rules may be accomplished by either of the following methods:
26. (g)(4)(B)(i)addedPosting the election operating rules to an internet website and including the corresponding internet website address on the ballot together with the phrase, in at least 12-point font: “The rules governing this election may be found here:”
27. (g)(4)(B)(ii)addedIndividual delivery.
28. (h)addedElection operating rules adopted pursuant to this section shall not be amended less than 90 days prior to an election.

§ 5110

This act was the only one to amend this section in that window.

1. (b)amended… to the association for any compensable services unless expressly authorized by rules other than serving as an inspector of the association adopted pursuant to paragraph (5) of subdivision (a) of Section 5105. elections.
2. (d)amended… best of the inspector of election’s ability, and as expeditiously as is practical. practical, and in a manner that protects the interest of all members of the association. If there are three inspectors of elections, …

§ 5115

This act was the only one to amend this section in that window.

1. (a)addedAn association shall provide general notice of the procedure and deadline for submitting a nomination at least 30 days before any deadline for submitting a nomination. Individual notice shall be delivered pursuant to Section 4040 if individual notice is requested by a member.
2. (b)addedAn association shall provide general notice of all of the following at least 30 days before the ballots are distributed:
3. (b)(1)addedThe date and time by which, and the physical address where, ballots are to be returned by mail or handed to the inspector or inspectors of elections.
4. (b)(2)addedThe date, time, and location of the meeting at which ballots will be counted.
5. (b)(3)addedThe list of all candidates’ names that will appear on the ballot.
6. (b)(4)addedIndividual notice of the above paragraphs shall be delivered pursuant to Section 4040 if individual notice is requested by a member.
7. (c)(1) was (a)(1)amended… envelope that is sealed. In the upper left hand left-hand corner of the second envelope, the voter …

Subdivision (e) and everything under it became (g): 7 subdivisions kept their wording and took a new letter.

§ 5125

This act was the only one to amend this section in that window.

1. amendedThe sealed ballots ballots, signed voter envelopes, voter list, proxies, and candidate registration list shall at all times shall be in the custody of the inspector …

§ 5145

This act was the only one to amend this section in that window.

1. (a)amended… thereof, within one year of the date that the inspector or inspectors of elections notifies the board and membership of the election results or the cause of action accrues. Upon accrues, whichever is later. If a finding member establishes, by a preponderance of the evidence, that the election procedures of this article, … Chapter 3, were not followed, a court may shall void any results of the election unless the association establishes, by a preponderance of the evidence, that the association’s noncompliance with this article or the election operating rules did not affect the results of the election. The findings of the court shall be stated in writing as part of the record.
2. (b)amended… to be frivolous, unreasonable, or without foundation. If a member prevails in a civil action brought in small claims court, the member shall be awarded court costs and reasonable attorney’s fees incurred for consulting an attorney in connection with this civil action.
3. (c)amendedA cause of action under Sections 5100 to 5130, inclusive, with respect to access to association resources by a candidate or member advocating a point of view, the receipt of a ballot by a member, or the counting, tabulation, or reporting of, or access to, ballots for inspection and review after tabulation subdivision (a) may be brought in small claims either the superior court or, if the amount of the demand does not exceed the jurisdiction jurisdictional amount of that the small claims court, in small claims court.

§ 5200

This act was the only one to amend this section in that window.

1. (a)(8)amended… Section 7212 of the Corporations Code; excluding, however,minutes however, minutes and other information from executive sessions of …
2. (a)(9)amendedMembership lists, including name, property address, mailing address, and mailing email address, but not including information for members who have opted out pursuant to Section 5220.
3. (a)(14)added“Association election materials” as defined in subdivision (c).
4. (c)added“Association election materials” means returned ballots, signed voter envelopes, the voter list of names, parcel numbers, and voters to whom ballots were to be sent, proxies, and the candidate registration list. Signed voter envelopes may be inspected but may not be copied.