HOA Election Rules and Voting Procedures Proposal
Thank you for considering our firm to update your Association’s election rules and voting procedures.
As you may be aware, since 2006 homeowners associations have been required to adopt election rules and voting procedures in accordance with the Civil Code. The rules must meet a number of technical requirements, and there is no mechanism for opting out of the mandated election procedures, regardless of the size of your community.
This year, the California Legislature passed Senate Bill 323, which brings comprehensive community association elections reform laws that impose strict new standards for elections and board qualifications. These new laws make it essential that associations adopt new elections rules to comply with the changes that take effect January 1, 2020.
Failure to adopt adequate procedures, or failure to comply with the procedures once adopted, could subject the Association to civil penalties, result in having an election set aside, and require payment of attorney’s fees to a member who successfully challenges an election.
Richardson | Ober | DeNichilo will provide your Association with the following legal services for a fixed fee.
- Review the Association’s Governing Documents, including the Declaration of Covenants, Conditions and Restrictions (CC&Rs) and Bylaws regarding current election procedures and advise the Association if there are any procedures contained therein which violate the new laws.
- Prepare a set of Voting Rules and Procedures which comply with Civil Code Sections 5100-5145 and new Senate Bill 323 and give the Association a clear and easy to follow “how to guide” for elections and voting.
- Prepare a notice to the members pursuant to Civil Code Section 4355, requiring all members have at least 28 days’ notice of the proposed voting rules and procedures changes before the Board adopts them.
We look forward to working with your Association. In order to begin our work, please provide us with your CC&Rs, bylaws, rules and regulations, including current elections rules, if any. We anticipate a “turnaround time” of approximately two weeks.
If you have any questions or comments, please feel free to contact us.