SB 1


1265 2


Here are the major changes that community associations will have to  its current form.


First, before an association’s next election, it will need to adopt modifications to its election rules in accordance with the new law changes.


 allow all owners to be directors


unless their bylaws provide that owners are ineligible if the owner (a) has been convicted within the last twenty years of a felony involving “accepting, giving, or offering to give,  the extortion or theft of money, perjury, or conspiracy to commit any of those crimes,” or (b) is delinquent in payment of regular assessments. If an association’s bylaws require nominees to be current in payment of regular assessments, then the bylaws must also require incumbent directors, including during their director term, to be current in payment of regular      provides that “[f ]ines, fines renamed as assessments, collection charges, late charges, or other costs levied by a third party are not disqualifying debts.”


In order for a board to disqualify a director nominee for delinquency in payment of regular assessments, the board must complete the internal dispute resolution “meet and confer” process with the nominee before the deadline for owners to submit director nomination.


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Third, the meeting where ballots are counted will need


to be on “association property and accessible to all members or their representatives who want to witness the tabulation.”


18 


Fifth, associations will need to immediately report to the inspector of elections any errors or omissions to the list of candidates’ names or the list of voters, and require necessary corrections be made within two business days.


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Fourth, associations will be required to provide notice to


the owners as follows.


(a) The date and time by which, and the physical address where, ballots are to be returned by mail or handed to the inspector or inspectors of elections.


(b) The date and location of the meeting at which ballots will be counted.


(c)


The procedure and deadline for submitting a nomination, which shall be      before that deadline.


(d) The list of all candidates’ names that will appear on the ballot, which shall be provided       ballots are distributed.


(e) The list of all voters by either name or parcel number, and voting power.


     law, then associations will not be able to use anyone that is a party to a contract with the associations for other services, such as management, legal, or accounting.


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  then associations’ election rules


will have to do as follows.


(a) Prohibit denying an owner a ballot unless he or she is not an owner at the time the ballots are distributed.


(b) Prohibit denying a ballot to a person with general power of attorney for an owner.


(c) Require that a ballot of a person with general power of attorney for an owner be counted if the ballot is returned in a timely manner.


(d) At least thirty days before an election, the inspector of election must deliver to the owners the ballot and a copy of the election operating rules. Associations will be able to deliver the election      upon consent) or by posting on the associations’ websites.


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