Bylaws Tune-Up: Let’s Match California Law (Before California Matches Us)
Eastridge Hills Document Committee • Keeping our rules roadworthy
Reality
Sacramento keeps updating HOA laws (hello, Davis-Stirling tweaks). Our bylaws haven’t kept pace, which means a few sections are now out of sync with state law. When bylaws and the Civil Code disagree, the Civil Code wins—every time.
What’s Out of Step (Plain English)
- Elections by Acclamation – We can’t auto-seat candidates unless very specific Civil Code criteria are met.
- Proxies – Our total ban conflicts with state rules; proxies are allowed if they follow secret-ballot safeguards.
- Director Qualifications – Extra restrictions (like “no co-owners at once” or blanket felony bans) go beyond what the law permits.
- Assessment Voting – For certain special assessments, state law requires a majority of all owners, not just a quorum.
- Open Forums/Meetings – “Informal” meetings aren’t a thing; discussions must follow open-meeting notice and agenda rules.
- Contract Length – A strict one-year cap can block good, cost-saving deals; fiduciary duty (not a hard cap) should guide term length.
Consequences
If we leave things as-is, elections or assessments could be challenged or invalidated. Translation: delays, disputes, and legal bills. Outdated bylaws are like expired milk—fine until they aren’t.
Disclaimer: This summary is for homeowner awareness and is not legal advice. The Board will circulate final language for the membership in accordance with California law and our governing documents.
