The Echo Legislation Tracker: 2021 Legislation By Mark T. Guithues, Esq.
at an open meeting. Each of the above notices has specific statutory required language. ECHO EXECUTION: The key to implementing these new acclamation requirements into an election is to send out the initial election notice about six months before the actual date (election +30 days = time to send ballots; +30 days = send intro to candidates; +30 days = original request for candidates; +60 days = new notice of election and distribution of rules). This adds up to 150 days of notice according to the new law. Add time for mailing and mail houses (and remember to arrange for the independent inspector of elections). A second reminder of the election must be sent between 7 and 30 days before the deadline for submitting nominations.
For more information on HOA Advocacy, visit the Echo website: www.echo-ca.org/article/hoa-advocacy/ AB 502 (DAVIES) – ELECTION BY ACCLAMATION Election by acclamation occurs when there is the same number of candidates (or fewer) than there are open seats on the board. An association can declare those candidates who ran as board members without spending money printing and sending ballot mailings, reconvening the meeting multiple times for lack of quorum, or counting ballots. Echo supported AB 502 because of the time and dollar savings to HOA communities. Under AB 502, election by acclamation can occur if an association (a) does not use delegate voting; (b) attempted to hold a regular election by sending out ballots within the past three years; (c) provided individual notice of the election and procedures for nominating candidates at least 90 days before the deadline for submitting nominations; (d) distributed a reminder notice between 7 and 30 days before the deadline for submitting candidate nominations; and (e) voted in favor of acclamation 32
ISSUE SIX 2021 | ECHO journal
AB 611 (SILVA) – SAFE AT HOME Existing law requires every association to create a membership list and to distribute the list under certain circumstances. Associations are also authorized to withhold or redact information from association records in specified instances, including, but not limited to, when the release of the information could reasonably compromise the privacy of an individual member of the association. Under California law, victims of domestic abuse or sexual assault and other specified persons may apply for participation in an address confidentiality program called Safe at Home. This program designates the person’s actual address as confidential. Echo supports AB 611 because it adds new Civil Code Section 5216 requiring an association, upon request of an association member who is an active participant in the Safe at Home program, to (a) use the provided Safe at Home designated substitute off-site address for all association communications to such member; and (2) not include any information that would reveal the name, community property address, or email address of the Safe at Home participant to members of the association or the public.
