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800.838.2090

Election Laws

Our trained community association attorneys conduct elections, prepare the ballots and other election materials, determine quorum, eligibility, and election requirements, and provide expert legal opinions to address any challenge to an election that might arise.

2020 SB323 Election Law Changes

Effective January 1, 2020, homeowner association election laws have changed in numerous ways. 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.

If we can help, please contact the firm's Election Law paralegal, Darcy Smith, at dsmith@berdingweil.com or 800.838.2090.

2006 Was a Big Year for Homeowner Association Elections.

A new law was enacted, was immediately amended but remains complicated. Some provisions override the California Civil Code, the Corporations Code, or community association governing documents which conflict, while other provisions defer to those authorities. Basic voting rules –about proxies, cumulative voting or director qualifications – are changed just a little or not at all. Navigating which parts of the election statutes and the required election rules trump an association's governing documents can be tricky.