Election Overhaul,
Again!
By Karen St. Onge, Esq.
WHAT YOU NEED TO KNOW. In 2019, the passage of Senate Bill 323 sent associations scrambling to adopt election rules that complied with the new laws before their next election. Well, get ready to scramble again. On January 1, 2022, numerous laws go into effect that change how residential common interest development association elections must be noticed and conducted resulting in out-of-date election rules and management procedures. Here is what managers need to know.
4 The Law Journal Spring 2022 | cacm.org
New Prerequisites for Uncontested Elections Effective January 1, 2022, all associations, regardless of size, must comply with detailed prerequisites set forth in Civil Code section 5103 before a board may declare the candidates in an uncontested election elected without holding a regular election with balloting known as “election by acclamation” (Civil Code §5103.). The prerequisites for an election by acclamation are as follows:
1. A regular election for board directors
was held by secret ballot within the prior three years. The three-year time period is calculated from the date ballots were due in the last full election to the start of voting for the proposed election (Civil Code § 5103(a).).
2. The association complied with the notice, and nomination procedures set forth in Civil Code section 5103(b) through (d).
3. The Inspector of Elections determined that the number of qualified candidates is not more than the number of vacancies on the board (Civil Code § 5103.).
4. The agenda for the open board meeting
at which the board considered declaring the qualified candidates elected by acclamation included the name of each qualified candidate (Civil Code § 5103(e).).
Given the number of prerequisites, it is recommended that associations amend their election rules to incorporate the new laws, so they have a reliable roadmap to follow. Below are some of the key changes to be aware of when planning your next director election if there is a chance it will be uncontested: INDIVIDUAL DELIVERY Call-for-Candidates cannot be announced in a newsletter or posted at the property (i.e., by General Notice); rather, those notices must be sent by “individual delivery.” Also, beginning in 2023, a new definition of “individual delivery” goes into effect, which is discussed below (Civil Code § 5103(b).). FIRST CALL-FOR-CANDIDATES: The first Call-for-Candidates must be delivered 90 days before the nomination deadline and must include specific information set forth in Civil Code section 5103(b)(1)(A)-(D).
