As of January 1, 2024, the following legislative changes take effect with regard to association elections.

AB 1458: Provides an option to take advantage of a reduced quorum level of 20% of an association’s members at a continued membership meeting for an election of directors. There are pre-meeting and post-meeting notice requirements that apply in order for an association to take advantage of this option. 

AB 1764: Clarifies that a candidate for election to the Board can be disqualified where, if elected, the candidate would violate a Bylaw term limit restriction. The legislation also imposes a new Election and Voting Rules requirement, stating that in order to disqualify a candidate for election to the Board due to failing to meet a candidate qualification requirement set forth in the Rules, the Rules must require sitting Board members to comply with the same qualifications. Rules that do not already contain such a provision will need to be updated. 

AB 648: Permits board and membership meetings to be held entirely by teleconference subject to certain notice and technical requirements. However, meetings where ballots are counted still require a physical location. To take advantage of the teleconference-only option, the meeting notice must include: 

• Clear technical instructions on how to participate remotely; 
• The telephone number and email address of a person who can provide technical assistance (before and during the meeting);and 
• A reminder that members may request individual delivery of meeting notices (with instructions on how to do so). 

These changes to the election laws will affect any elections taking place on January 1, 2024 and after. This may be a good time for associations to look at their Election Rules to ensure that they comply with these recent legislative changes. Please contact a Fiore Racobs & Powers attorney if you would like us to review your rules and update them to be consistent with the new laws.

For Associations who are not currently working with us but are interested in doing so, please contact Manager of Client Relations Diane Weissberg at 1-877-31FIORE or by e-mail at dweissberg@fiorelaw.com for assistance.