AB 968, as amended, 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 thanbegin delete 6end deletebegin insert 15end insert 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 5126 is added to the Civil Code, to read:
(a) Notwithstanding Sections 5110, 5115, 5120, and
35125, a common interest development with not more thanbegin delete sixend delete
P2 1begin insert fifteenend insert separate interests may conduct an election of directors
2pursuant to this section.
3(b) An election of directors conducted pursuant to this section
4shall meet all of the following requirements:
5(1) Notice of the election shall be provided to each member at
6least 30 days before the meeting at which the election is held. The
7notice
shall provide both the following:
8(A) The time and place at which the meeting will be held.
9(B) The matters that will be decided in the election.
10(2) The election shall be held at a meeting of the members at
11which a quorum is present. If the governing documents permit the
12use of a proxy, a proxy may be counted in determining the quorum.
13(3) A candidate for elected office may be nominated prior to
14the election or at the meeting at which the election is held.
15(4) Votes shall be cast by secret written ballot, except as may
16be necessary to cast a ballot pursuant to a proxy.
17(5) A vote may be cast for a write-in candidate.
18(6) After all of the members present have had an opportunity
19to vote, the ballots shall be counted openly, at the meeting at which
20they were cast. The vote totals and results of the election shall be
21announced at the meeting.
22(7) If a vote to elect a director results in a tie, and a quorum is
23still present when the tie is announced, the members present at the
24meeting may act immediately to attempt to break the tie. Unless
25the governing documents provide another method, a runoff election
26between the tied candidates shall be used to attempt to break the
27tie.
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