Newly Signed Laws Impact HOA Elections, Finances, Meetings and More By Jennifer Wada, Esq.
The governor’s deadline to sign or veto legislation was October 10. Having just won the recall election by a landslide, Governor Newsom seemed emboldened as he acted on bills sent to him by the legislature. In total, lawmakers sent 836 proposals to his desk, and out of those proposals, he signed 770 and vetoed 66. By this time of year, you are all well aware of the CID bills that have made their way through the legislature. So how did they fare at the hand of Governor Newsom?
26
Vision Winter 2021 | cacm.org
AB 502 (Davies) – Signed This bill would apply elections by acclamation to all associations and was a priority bill for CACM. This is a big win for the industry. The author’s office contacted CACM as soon as they learned of the signature to thank the organization for its efforts. Our own President/CEO, Tom Freeley, was a key witness for this bill as it moved through the legislature. Key provisions have been outlined in previous editions, but they include an additional 90-day notice that must contain, among other things, a “heads up” that if there are fewer candidates than vacancies, the board may use acclamation. The bill also requires the association to confirm receipt of a candidacy submission and whether the person is qualified to run. We have already discussed the idea of clean-up legislation with the author in the event there are clarifications or improvements that need to be made next year but getting the law on the books is great progress. AB 1101 (Irwin) – Signed This is CAI-CLAC’s clean up measure to AB 2912 (Irwin, 2018). It would clarify the types of financial institutions an association may use to hold its funds and modify when board approval is needed for electronic transfers.