Election provisions omit mandatory Davis-Stirling secret ballot procedures and independent Inspector of Elections requirements under California Civil Code §§ 5105–5125.
“STATEMENT OF POLICY FOR COLLECTION OF DELINQUENT ACCOUNTS PAYMENT PLAN STANDARDS Approved October 14, 2014 Pursuant to California Civil Code § 5665 the following standards for payment plans to be…”
Why It’s Flagged
Cal. Civ. Code §§ 5105, 5110 & 5115 (SB 323 / AB 2159)
- Under Cal. Civ. Code §§ 5105 and 5110, every association must adopt election operating rules and conduct specified elections through an independent third-party Inspector of Elections using secret double-envelope paper ballots (or compliant electronic secret ballots under AB 2159), with at least 30 days general notice of the nomination deadline and at least 30 days pre-ballot notice before ballots are distributed.
Sample Discussion Wording for HOA Counsel
For Board & Counsel Review
STATEMENT OF POLICY FOR COLLECTION OF DELINQUENT ACCOUNTS PAYMENT PLAN STANDARDS Approved October 14, 2014 Pursuant to California Civil Code § 5665 the following standards for payment plans to be submitted for consideration by The Crest of Calavera Hills Homeowners Association Board of Directors, are as follows: (a) A payment plan submitted for consideration must contain the following information:
- 1Name, address, telephone number, and email address of the Owner(s).
- 2Total amount of delinquent debt to be included in the payment plan.
- 3The amount being offered each month over and above the current regular...