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Articles Posted in Elections

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The Required Steps Associations Must Take for a Successful Election by Acclamation

Did you Know? The Required Steps Associations Must Take for a Successful Election by Acclamation By Leena Danpour, Esq. On January 1, 2022, California Civil Code 5103 took effect and added the possibility for Board candidates to be elected by acclamation. This process can be used when the number of…

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Did You Know? SB 432 Corrects Problems with Recall Elections Created by SB 323

When SB 323 took effect on January 1, 2020, it greatly modified the Davis-Stirling Common Interest Development Act’s election procedures, including timelines for conducting an election. In the process, it inadvertently created a conflict in the law regarding recall elections that community associations have been struggling with ever since.  …

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Update on Voting by Acclamation

California community association attorneys, managers and others in the industry have differing opinions on how to properly and legally proceed with uncontested elections — elections in which the number of candidates is less than or equal to the number of board positions needed to be filled.  Prior to 2020 when…

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Voter and Candidate Suppression; It May (Also) Be An HOA Issue and the Reasons Behind 2019’s SB 323

By David Swedelson, Senior Partner and Community Association Attorney at SwedelsonGottlieb I first heard about voter suppression in law school, where I learned that the United States has a long tradition of threatening voter access. I thought it was a thing of the past. But I have been surprised by…

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Proposed Senate Bill (SB) 323 (Wieckowski) Eliminates Qualifications For Serving On The Board and Changes The Law On California Community Association Elections; It Is Not the Right Solution

Prepared by the Community Association Attorneys at SwedelsonGottlieb Senate Bill 323, proposed new law that would impact how California community association conduct elections, was approved by the Senate and Assembly was presented to Governor Newsom for his signature. This proposed legislation will impact and change the procedural requirements for most…

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Homeowner Apathy, Quorum and Prizes to Get Owners to Vote

By: David Swedelson, Partner at SwedelsonGottlieb, Community Association Attorneys It is an old problem. Many California community associations cannot motivate their owners to participate or even vote at association elections. We have had clients that have been unable to obtain a quorum for director elections for more than 20 years.…

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Court Holds That Associations Must Provide Equal Access To Association Media and Common Area For Members To Advocate Their Positions As Part Of The Balloting Process

By Cyrus Koochek, Esq., Associate Attorney, SwedelsonGottlieb, Community Association Attorneys Every board of directors for every condo or homeowners association has been there; the board wants to do something that it should be “obvious” that the association needs, such as a needed capital improvement to the common area, or an…

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Don’t get Acclimated to Election by Acclamation

Blog post by Sandra Gottlieb, community association attorney and Senior Partner at SwedelsonGottlieb California community association attorneys, managers and others in the industry have differing opinions on how to properly and legally proceed with uncontested elections – elections in which the number of candidates is less than or equal to…

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Voter Apathy — It is not Just a Community Association Problem

By David Swedelson, Condo Lawyer and HOA attorney; Senior Partner at Swedelson Gottlieb, Community Association Attorneys Many California community associations have a difficult time achieving a quorum to hold board elections or to vote on other important association matters. Some condo and planned development homeowner associations have not been able…

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Is Your Community Association Ready for Electronic Voting?

Blog post by David Swedelson, Condo Lawyer and HOA Attorney, Senior Partner at SwedelsonGottlieb CAI’s California Legislative Action Committee announced this week that it is sponsoring a bill that was introduced into the California Assembly, authored by assembly member Norma Torres, that would make electronic balloting or voting an option…

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