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Please note that the following article is strictly to provide information and neither the content nor transmissions through this website
are intended to provide legal or other advice or to create an attorney-client relationship.
By now you've heard that effective January 1, 2020, homeowner association election laws have changed in numerous ways. Many associations are moving to implement the new changes now before the law goes into effect because once it does, association's whose election rules don't comply with the new laws will need to adopt new rules and then wait at least 90 days before holding a vote to elect or remove directors, authorize large special assessments, amend CC&Rs or grant certain easements.
Email traffic and internet commentary has exploded; it seems like every HOA lawyer in the state has questions and opinions about it all. Briefly the new requirements fall into these categories: 2, 30, and 90-day deadlines; address verification tasks and mailings; candidate qualifications; member voting qualifications; inspector of elections qualifications; and recordkeeping obligations. In creating our new election policy, we eliminated the drama and focused on one thing - translating the new laws into clear and practical rules that will minimize election disputes.
Our 2020 Election Law Package includes the election rules based on the new laws and each client's Bylaws and CC&Rs (yes, there will be variations based on an association's own governing documents and which options the Board chooses to include), required Board resolutions, notices to the members, and useful forms. Proposals are submitted directly to each client upon request and our turnaround time is one week from the receipt of a completed questionnaire.
Since 1988 we have worked with thousands of community associations to create governing documents that are clear, well organized and easy to use. With this organization and elimination of ambiguity, our documents have helped reduce disputes and attorney fees that result from poorly written documents. Our new election rules will do the same.
If we can help, please contact the firm's Election Law paralegal, Darcy Smith, at dsmith@berdingweil.com or 800.838.2090.
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(925) 820-5592The content on this website is strictly to provide information and neither the content nor transmissions through this website are intended to provide legal or other advice or to create an attorney-client relationship.
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