BILL NUMBER: AB 968	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Gordon

                        FEBRUARY 22, 2013

   An act to add Section 5126 to the Civil Code, relating to common
interest developments.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 968, as introduced, Gordon. Common interest developments:
elections.
   The Davis-Stirling Common Interest Development Act governs the
management and operation of common interest developments. These
provisions require that a common interest development be managed by
an association and that elections related to the governance or
administration of the common interest development conform to
specified requirements.
   This bill would, notwithstanding the election requirements
referenced above, authorize a common interest development with not
more than 6 separate interests to conduct an election of directors
pursuant to other specified requirements.
   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 5126 is added to the Civil Code, to read:
   5126.  (a) Notwithstanding Sections 5110, 5115, 5120, and 5125, a
common interest development with not more than six separate interests
may conduct an election of directors pursuant to this section.
   (b) An election of directors conducted pursuant to this section
shall meet all of the following requirements:
   (1) Notice of the election shall be provided to each member at
least 30 days before the meeting at which the election is held. The
notice shall provide both the following:
   (A) The time and place at which the meeting will be held.
   (B) The matters that will be decided in the election.
   (2) The election shall be held at a meeting of the members at
which a quorum is present. If the governing documents permit the use
of a proxy, a proxy may be counted in determining the quorum.
   (3) A candidate for elected office may be nominated prior to the
election or at the meeting at which the election is held.
   (4) Votes shall be cast by secret written ballot, except as may be
necessary to cast a ballot pursuant to a proxy.
   (5) A vote may be cast for a write-in candidate.
   (6) After all of the members present have had an opportunity to
vote, the ballots shall be counted openly, at the meeting at which
they were cast. The vote totals and results of the election shall be
announced at the meeting.
   (7) If a vote to elect a director results in a tie, and a quorum
is still present when the tie is announced, the members present at
the meeting may act immediately to attempt to break the tie. Unless
the governing documents provide another method, a runoff election
between the tied candidates shall be used to attempt to break the
tie.