With the 2021 legislative session now officially closed for business, it’s time to review some of the key bills that will impact life in our beloved community associations. Some are fairly benign, and some appear to be great ideas in theory, but add new requirements.
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AB-502 (Davies)
Election by Acclamation
Prior to its passage, the law permitted director nominees to be considered elected by acclamation if (1) the number of director nominees did not exceed the number of vacancies to be elected; (2) the association included 6,000 or more units; (3) the association provided individual notice of the election at least 30 days before the close of the nominations; and (4) the association allowed all candidates to run if nominated.
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Here are three to be aware of:
Several of the new laws involve revisions to election law, with some cleanup legislation making a few key changes to be aware of. After a hard-fought battle with various homeowner groups opposing its passage, CACM’s input was instrumental in helping this bill, which provides for election “by acclamation” (without the need for a vote), to get passed.
This bill eliminates the prior 6,000-unit requirement for acclamation and expressly provides for acclamation in Section 5103 of the Civil Code. Sounds good, right? Unfortunately, as with many bills that appear attractive on the surface, there is more to it when the onion gets peeled. This bill actually adds an additional 90 days to the election process (!), and requires another reminder notice 7-30 days prior to the election. This changes the timeline for elections affected by the passage of Senate Bill 323 a few years back.
Crucial Bills Affecting Community Associations In 2022
8 The Law Journal Spring 2022 | cacm.org
