BILL NUMBER: SB 259	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Benoit

                        FEBRUARY 24, 2009

   An act to amend Section 1363.09 of the Civil Code, relating to
common interest developments.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 259, as introduced, Benoit. Common interest developments:
elections.
   The Davis-Stirling Common Interest Development Act provides for
the creation and regulation of common interest developments. Under
existing law, a common interest development is managed by an
association pursuant to the provisions of the governing documents of
the development. Existing law imposes specified requirements with
respect to elections for the board of directors of an association.
Existing law provides that, upon a finding that specified election
procedures, or the adoption of and adherence to certain rules, were
not followed, a court may void any results of the election.
   This bill would provide that, if a court voids any results of an
election for one or more board members under the above provisions,
the court shall not invalidate a decision of the board that was
reached after the board was seated pursuant to that election unless
the court finds that the action of the board was contrary to law or
the governing documents.
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 1363.09 of the Civil Code is amended to read:
   1363.09.  (a) A member of an association may bring a civil action
for declaratory or equitable relief for a violation of this article
by an association of which he or she is a member, including, but not
limited to, injunctive relief, restitution, or a combination thereof,
within one year of the date the cause of action accrues. Upon a
finding that the election procedures of this article, or the adoption
of and adherence to rules provided by Article 4 (commencing with
Section 1357.100) of Chapter 2, were not followed, a court may void
any results of the election.  However, if the court voids any
results of an election for one or more board members, the court shall
not invalidate a decision of the board that was   reached
after the board was seated pursuant to that election unless the court
finds that action of the board was contrary to law or the governing
documents. 
   (b) A member who prevails in a civil action to enforce his or her
rights pursuant to this article shall be entitled to reasonable
attorney's fees and court costs, and the court may impose a civil
penalty of up to five hundred dollars ($500) for each violation,
except that each identical violation shall be subject to only one
penalty if the violation affects each member of the association
equally. A prevailing association shall not recover any costs, unless
the court finds the action to be frivolous, unreasonable, or without
foundation.
   (c) A cause of action under Section 1363.03 with respect to access
to association resources by a candidate or member advocating a point
of view, the receipt of a ballot by a member, or the counting,
tabulation, or reporting of, or access to, ballots for inspection and
review after tabulation may be brought in small claims court if the
amount of the demand does not exceed the jurisdiction of that court.