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Town Council Resolution No. XX-2022 09/21/2022
RESOLUTION NO. 34-2022
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON AUTHORIZING THE
SUBMISSION OF VOTES IN FAVOR OF PROPOSED RESTATED BYLAWS FOR THE POINT
TIBURON MARSH HOMEOWNERS ASSOCIATION TO COMPLY WITH SB323 AND STATE LAW
GOVERNING HOMEOWNER ASSOCIATION ELECTIONS AND VOTING RULES
WHEREAS, The Town of Tiburon owns nine condominium units in the Point Tiburon Marsh Homeowners
Association (Association), and is allowed to submit one vote for each unit on matters involving amendments to the
Bylaws of the Association (Bylaws); and
WHEREAS, on August 22, 2022 the Town received mailed notice from the Association, c/o Bayside Management
regarding the adoption of proposed amendments to the Bylaws required to implement SB 323 and include other
provisions found in the Davis-Stirling Act (Civil Code Sections 4000 to 6150) which govern common interest
developments, and notifying the Town that ballots must be submitted to the Association by September 30, 2022;
and
WHEREAS, SB 323 amended California Civil Code provisions governing homeowners associations in 2020 and
requires associations to conform to new statutory requirements, including: limiting types of candidate qualifications
an association may adopt; clarifying elections procedures; and requiring that associations retain certain election
related records; and
WHEREAS, SB323 applies to all homeowners associations statewide, and all are required to amend their bylaws
to comply with the new rules.
WHEREAS, Staff has reviewed the proposed amendments, has confirmed they do not have an impact on the
Town’s voting rights or its affordable housing program, and recommends the Town Council authorize staff to
submit nine ballots in favor of adopting the Bylaws;
NOW, THEREFORE, BE IT RESOLVED by the Town Council of the Town of Tiburon authorizing the Public
Works Operations Manager or designee to submit, on behalf of the Town, nine votes in favor of the Proposed
Restated Bylaws for Point Tiburon Marsh Homeowners Association to comply with SB323 and state law
governing homeowner association elections and voting rules, and to execute all related documents;
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Tiburon on September 21,
2022, by the following vote:
AYES: COUNCILMEMBERS: Fredericks, Griffin, Ryan, Thier, Welner
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
JON WELNER, MAYOR TOWN OF TIBURON
ATTEST:
LEA DILENA, TOWN CLERK
DocuSign Envelope ID: CB046DA6-D853-4D93-B523-FD372AF97F0F