BAY VILLAGE HOMEOWNERS ASSOCIATION
MAY 19, 2020
Notice of Proposed Rule Change: At a monthly meeting of the Board of Directors of Bay Village Homeowners Association, on May 19, 2020, the Board considered amending its Operating Rules and discussed new California State legislation, SB 323, effective January 1, 2020, which requires that Associations adopt Election Rules.
The Board has authorized the attached Election Rules to be delivered by General Notice to the Members for comment. Before the Rules can be adopted, the Board is required to consider comments from Members relating to the proposed Rules after a period of at least twenty-eight (28) days. Members are encouraged to comment at or before the Board Meeting scheduled on August 18, 2020 beginning at 3:00 pm, at which time the Board will consider comments to the proposed change, and adopt the final version of the Rules. As of this date, the Board plans to meet at the YWCA building at 340 E. Beach St, Watsonville.
The attached Election Rules consist of the new Election Rules which comply with SB 323.
"Operating Rules" are broadly defined as any rule or regulation that applies to the management and operation of a common interest development or the conduct of its business and affairs. (Civ. Code §4340.)
Under SB 323, the Association is required to adopt “Election Rules” that comply with the requirements set forth in Civil Code § 5105 et seq. in order to conduct any election that requires the use of secret ballots. (Civ. Code § 5105(a)). The bill provides (not an exhaustive list):
● Elections for the Board of Directors must be held at the end of each director’s expiring term and a minimum of every four (4) years (Civ. Code §5100).
● Extends the election timeframe by changing the procedural requirements for the period leading to the election (Civ. Code §5115).
● Requires candidates to be a member of the Association at the time they are nominated for a position on the Board (Civ. Code §5105(b)).
● Authorizes the Association to disqualify a person from serving or being nominated for a position on the Board for limited specified reasons (Civ. Code §5105(c)).
● Election rules may not deny a ballot to a member or a person with general power of attorney for an owner (Civ. Code §5105(g)).
● Requires additional election materials to be held in the inspector of election’s custody until after vote tabulation (Civ. Code §5125).
● Association rules may no longer allow a person, business entity, or subdivision of a business entity that is employed or under contract with the Association for any compensable services to serve as inspector of elections (Civ. Code §5110).
● Association records are to include members’ e-mail addresses (Civ. Code §5200).
● The Association must allow members to verify their individual information at least thirty
(30) days before ballots are distributed (Civ. Code §5105(a)).
● The Association is prohibited from filing a civil action unless the Association has already complied with dispute resolution procedures (if requested by the member) (Civ. Code
● Election Rules may not be amended less than ninety (90) days before an election (Civ. Code §5105(h)).
● The Election Rules must require retention of, as election materials, both a candidate registration list and a voter list. The Association must permit members to verify the accuracy of their individual information at least thirty (30) days before the ballots are distributed. The Association or member must report any errors or omissions to either list to the inspector of elections who must make the corrections within two (2) business days. (Civ. Code § 5105(a)(7)).
Adopting & Amending Election Rules and Operating Rules. Election Rules and Operating Rules are “operating rules” within the meaning of Civil Code § 4355. (Civ. Code § 4355(a)(7)). As such, they are adopted and amended by the Board provided that the required amendment procedure mandated by Civil Code § 4360 is followed.
Bylaw Amendment to Follow. The Association will present a proposed Bylaw Amendment later this year as amendments to the Bylaws are required to comply with SB 323.
Please send your comments to: BAY VILLAGE, Board of Directors at firstname.lastname@example.org before August 18, 2020 or bring your comments to the Board meeting on August 18, 2020 at 3:00 pm.
Restricted Senior Development per CA Civil Code 51.3
There is an annual fee of $62.00 (June 1, 2020 - June 30, 2021). A $40.00 transfer fee is required for a change in ownership. Legal documents such as CC&Rs, as well as property maintenance, architectural and CC&R violation forms can all be viewed and printed from this website.
Bay Village Homeowners Association does not offer Homeowners Insurance to owners, nor do we maintain a list of homes for sale or rent.
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