HOA Homefront: Are term limits illegal at an HOA?

Q: With the caller predetermination instrumentality (effective 1/1/20) removing word limits for committee members, does this mean the HOA nary longer has to clasp yearly elections oregon nonstop retired campaigner petition forms? My relation has not held an predetermination successful 2 years, nary campaigner forms are sent out. The existent committee selects whomever they privation to serve. We person word limits successful our CCRS. — B.B., Aliso Viejo.

Q: I saw your caller nonfiction posted from the paper regarding the presumption of the authorities to reconstruct to the instrumentality that a word bounds successful governing documents acted arsenic a disqualification for predetermination to a spot connected an relation board. I did spot that the legislator who brought 2019’s Senate Bill 323 had a measure to close the deletion from SB 323. I person been incapable to find it oregon to find its status. — J.C., Indian Wells.

A: The large revamping of HOA predetermination laws from 2019’s Senate Bill 323 created a fig of problems. One is that it listed lone 5 imaginable eligibility factors, and word limits was not included successful that list. This means that astatine present, HOAs cannot usage word limits arsenic a disqualifier for candidates who person already served the maximum consecutive presumption allowed nether their governing documents. However, HOAs inactive indispensable question candidates annually and clasp yearly elections.

Sen. Bob Wieckowski seemingly recognized that 1 of galore unanticipated consequences of his enacted measure was that it abolished HOA word limits and this twelvemonth authored Senate Bill 432, which would adhd word limits arsenic a sixth imaginable eligibility factor. That measure passed the Senate successful May and appears poised to walk the Assembly rather soon. This would reconstruct the legality of word limits successful governing documents successful 2022, assuming the Governor signs the measure into law.

To cheque the presumption of immoderate bill, oregon to work the Davis-Stirling Act, usage leginfo.legislature.ca.gov, the Legislature’s authoritative website.

Q: I americium the treasurer connected a five-member HOA board. As you tin ideate we are heavy impacted, some financially and administratively, due to the fact that of the existing authorities rules. We agree, arsenic your caller nonfiction references, that it would beryllium large if we tin get changes made for the “small HOAs” similar ours. So, are determination immoderate advocates, organizations, committees that you tin urge to america to articulation truthful we tin articulation forces to hopefully assistance successful making these changes? — A.S., San Diego.

A: There are respective groups that advocator for California’s implicit 50,000 HOAs. The largest is the Community Associations Institute, an planetary enactment devoted to bettering HOA governance and management, which educates homeowners and credentials managers and has 8 chapters successful California.

Those 8 Chapters person an enactment called the California Legislative Action Committee (“CLAC”) that advocates for California HOAs. Visit them astatine caiclac.com. Another organization, called the Executive Council of Homeowners is simply a California-based enactment serving California HOAs. Visit them astatine ca-echo.org. Another enactment consisting of California managers, the California Association of Community Managers advocates for California HOA managers, but lone managers tin beryllium members.

The legislators request to perceive from you due to the fact that they typically don’t person acquisition with HOAs oregon recognize their needs. Let them know!

Kelly G. Richardson CCAL is simply a subordinate of the College of Community Association Lawyers and Partner of Richardson Ober DeNichilo LLP, a California instrumentality steadfast known for assemblage relation advice. Send questions to Kelly@rodllp.com.