Q: I’m running for the board. Candidates to appear on the ballot had to apply by a stated deadline. I asked the agent for the names of the other candidates that applied. Can the agent withhold that information from me? J.M., Tustin
A: Civil Code Section 5115(a), which requires calls for nominations to be announced and kept open for at least 30 days, does not indicate whether the identity of nominees is confidential during the nomination period. However; the nominees will be announced well before ballots are distributed, as Section 5115(b)(4) requires that the list of candidates be announced to the members at least 30 days before ballots are distributed. Since the statute is silent about applicants being revealed before that announcement, I can understand why Inspectors of Elections or managers might be reticent about sharing that information.
Q: In California, are new HOA board members required to take an orientation training course? D.H., Apple Valley
A: California does not have a mandatory prerequisite for HOA board service, except that candidates or directors must be a member of the HOA.
Some states have requirements in this regard. Florida, for example, requires that a board member complete an education course every four years, and very large HOA (2,500 or larger) board members must take 8 hours of education annually. Nevada board members must certify within 90 days of joining their board that they have read and understand the HOA governing documents and Nevada HOA laws.
Almost 20 years, ago the Community Associations Institute sponsored a bill that would have required all California HOA board members to take a 3-hour class. That bill was vetoed by the Governor, and since then mandatory board education has not had any momentum in California. In 2007, CAI created a 3-hour “Basic Board Education” course, which is periodically presented by CAI Chapters and management companies.
I am frequently asked if associations can require that candidates and directors agree to abide by a “Code of Conduct” as a condition of candidacy or board service. However, Civil Code Section 5105, enacted in 2020, now limits the permissible eligibility requirements. Unfortunately, a minimum education requirement or a Code of Conduct is not among those permissible eligibility restrictions.
Homeowners: when deciding which candidates to vote for, consider whether that candidate has demonstrated a commitment to becoming educated regarding HOA governance. Other factors to consider are past positive volunteer leadership contributions, even temperament, no preconceived agenda, ability to work well with others, good listening skills, and servant leadership characteristics.
Readers: You may be aware of the Corporate Transparency Act and regulations of the Financial Crimes Enforcement Network “FinCEN”) requiring homeowner associations to file “Beneficial Ownership Information” (“BOI”) with FinCen. After substantial controversy about the BOI Rule, an Interim Final Rule issued on March 26, 2025, exempting domestic corporations (meaning corporations chartered in the United States) from the BOI Rule filing requirements. On August 14, 2026 the Department of the Treasury published the final BOI Rule, making the Interim Final Rule permanent. This means California HOAs (and other US HOAs) need not comply with the BOI Rule requirements.
For information on federal legislation affecting HOAs visit caionline.org/advocacy/community-association-law-lawyers/federal-issues-and-resources.
Kelly G. Richardson, Esq. is a Fellow of the College of Community Association Lawyers and Partner of Richardson Ober LLP, a California law firm known for community association advice. Submit questions to Kelly@roattorneys.com.