Q: Could you busy on the anew active law (Senate Bill 432) on “term limits?” We accept a five-member lath and three associates accept served abounding years. If they are termed out we will accept a two-member lath because no one has volunteered to run and serve on the board. We are on our additional “acclamation.” — J.L., Placentia.
Q: Could you aggrandize on your contempo commodity area you altercate appellation limits? I’m a lath affiliate and accept been on best than I would like. But are we activity to be bound on how continued we can be on the board? What happens if you can’t get bodies to run, like in my case? — M.F., Placentia
A: Appellation banned are not appropriate by law. So, some associations accept them and some don’t. Appellation banned are commonly begin in the bylaws.
The best accepted appellation absolute is the claim that a administrator leaves the lath afterwards confined two terms. If your affiliation has bylaws arty appellation limits, an accidental annihilate in 2019’s Senate Bill 323 banned them. However, this will be adapted starting in 2022, as appellation banned will be a “new” fifth alternative accommodation accepted begin in a new Civil Code Section 5103(d)(2).
For HOAs of 6,000 or added homes, SB 432 adds a new 5100(g)(3)(B)(v) abacus appellation banned to the account of acceptable accommodation requirements. It is cryptic why actual ample HOAs were singled out and why Civil Code Section 5100(g) remains.
Therefore, HOA bylaws absolute appellation banned accoutrement were briefly invalidated in 2020 and 2021 but will be OK afresh in 2022.
There are arguments for and adjoin appellation limits. When talking to audience about the subject, I commonly leave it to applicant choice.
The primary altercation adjoin appellation banned is that it makes it harder to acquisition lath candidates. Also, appellation banned may abate the cardinal of accomplished directors, back afterwards actuality “termed out” a administrator may be beneath accommodating to acknowledgment to account afterwards the appropriate year off.
The primary altercation for appellation banned is that it eliminates lath “dynasties” by banishment admiral to booty some time off afore gluttonous acclaim or arrangement again. Of course, such dynasties are sometimes the accidental aftereffect of affiliate apathy.
While one can altercate for or adjoin HOA lath appellation limits, to add or annul this claim commonly requires a associates vote to alter the bylaws.
Even admitting applying appellation banned to candidates should be a simple matter, Civil Code Section 5105(e) adds one added contraction to awkwardness notices. Candidates are not advised butterfingers until they are offered centralized altercation resolution, advertence that HOAs “shall not disqualify a person” unless they were offered Centralized Altercation Resolution beneath Civil Code Sections 5900-5915.
So, does this beggarly that in HOAs with appellation banned a applicant who has served the best after agreement could still run as a applicant artlessly because the HOA bootless to action IDR? The statute’s acrid accent is absolutely clear, so consistently accelerate IDR invitations forth with awkwardness notices.
Competent admonition and abreast acclaim rules are more capital to ensure accurate HOA elections.
PS to J.L. – Electing admiral by acclaim will be accustomed for all HOAs starting in 2022. Check the new Civil Code Section 5103 in January 2022 for the procedure.
Kelly G. Richardson, Esq. is a Fellow of the College of Affiliation Affiliation Lawyers and Partner of Richardson Ober DeNichilo LLP, a law close accepted for affiliation affiliation advice. Submit questions to Kelly@rodllp.com.
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