associations must follow regarding document delivery and operating rules by amending Civil Code Sections 4040 and 4360. Tese changes become effective on January 1, 2019. Although a member was already able to consent in writing to receive delivery of documents by electronic means, this amendment now allows a member to consent by email. Also, an association must provide general notice of a proposed rule change at least 28 days, instead of at least 30 days, before adoption of the rule by the board.
Te following proposed laws were vetoed or amended to not apply to associations:
SENATE BILLS 1128 & 1265: Tese proposed laws would have made several changes to the election procedures for associations. One of the proposed
changes would have prohibited an association from disallowing a candidate for the board of directors if the member had been convicted of a felony, except a felony involving dishonesty committed within the past 20 years. With the help of CAI-CLAC, these bills were defeated.
SENATE BILL 721: Tis new law would have required associations to perform invasive inspection of all balconies, stair landings, and other
elevated wooden structures intended for people to occupy every five years and to correct any deficiencies promptly. With the help of CAI-CLAC, this bill was amended to eliminate the applicability to associations.
In order to assure that your associations are in compliance with the new laws by January 1, 2019, we recommend that you consult with legal counsel to update the associations’ governing documents, including the rules and policies.
DYLAN GRIMES is an attorney with Angius & Terry LLP. He practices law in Northern and Southern California and is also admitted in Hawaii. He was named a Super Lawyer Rising Star in both 2017 and 2018.
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