Amended in Assembly April 22, 2013

Amended in Assembly April 2, 2013

California Legislature—2013–14 Regular Session

Assembly BillNo. 968


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 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 than 15 separate interests to conduct an election of directors pursuant to other specified requirementsbegin insert if a majority of the members of the common interest development agree to conduct elections under these provisionsend insert.

Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.

The people of the State of California do enact as follows:

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SECTION 1.  

Section 5126 is added to the Civil Code, to read:

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5126.  

(a) Notwithstanding Sections 5110, 5115, 5120, and
35125, a common interest development with not more thanbegin delete fifteenend delete
4begin insert 15end insert separate interests may conduct an election of directors pursuant
5to this section.begin insert However, in order for a common interest
6development to conduct its elections pursuant to this section, it
7shall first hold an election, pursuant to the procedures set forth
8in Sections 5110, 5115, 5120, and 5125, in which its members, by
9simple majority vote, agree to conduct its elections of directors
10under the provisions of this section.end insert

11(b) An election of directors conducted pursuant to this section
12shall meet all of the following requirements:

13(1) Notice of the election shall be provided to each member at
14least 30 days before the meeting at which the election is held. The
15notice shall provide both the following:

16(A) The time and place at which the meeting will be held.

17(B) The matters that will be decided in the election.

18(2) The election shall be held at a meeting of the members at
19which a quorum is present. If the governing documents permit the
20use of a proxy, a proxy may be counted in determining the quorum.

21(3) A candidate for elected office may be nominated prior to
22the election or at the meeting at which the election is held.

23(4) Votes shall be cast by secret written ballot, except as may
24be necessary to cast a ballot pursuant to a proxy.

25(5) A vote may be cast for a write-in candidate.

26(6) After all of the members present have had an opportunity
27to vote, the ballots shall be counted openly, at the meeting at which
28they were cast. The vote totals and results of the election shall be
29announced at the meeting.

30(7) If a vote to elect a director results in a tie, and a quorum is
31still present when the tie is announced, the members present at the
32meeting may act immediately to attempt to break the tie. Unless
33the governing documents provide another method, a runoff election
34between the tied candidates shall be used to attempt to break the
35tie.



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