Amended in Senate May 27, 2014

Amended in Assembly May 2, 2013

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 tobegin delete add Section 5126 toend deletebegin insert amend Section 4775 ofend insert the Civil Code, relating to common interest developments.

LEGISLATIVE COUNSEL’S DIGEST

AB 968, as amended, Gordon. Common interest developments:begin delete elections.end deletebegin insert common areas: maintenance and repairs.end insert

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 andbegin delete that elections related to the governance or administration of the common interest development conform to specified requirementsend deletebegin insert also set forth the duties and responsibilities of the association and the owners of the separate interests with regard to maintenance and repair of common and exclusive use areas, as definedend insert.begin insert Unless otherwise provided in the common interest development declaration, the association is responsible for maintaining, repairing, or replacing the common area, other than the exclusive use common area, and the owner of each separate interest is responsible for maintaining that separate interest and any exclusive use common area appurtenant to the interest.end insert

This bill would,begin delete 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 requirements if a majority of the members of the common interest development agree to conduct elections under these provisions.end deletebegin insert instead provide that, unless otherwise provided in the declaration, the association is responsible for maintaining, repairing, and replacing the common area, the owner of each separate interest is responsible for maintaining, repairing, and replacing the separate interest, and the owner of the separate interest is responsible for maintaining the exclusive use common area appurtenant to the separate interest while the association is responsible for repairing and replacing the exclusive use common area.end insert

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

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

P2    1begin insert

begin insertSECTION 1.end insert  

end insert

begin insertSection 4775 of the end insertbegin insertCivil Codeend insertbegin insert is amended to
2read:end insert

3

4775.  

(a) begin deleteUnless end deletebegin insert(1)end insertbegin insertend insertbegin insertExcept as provided in paragraph (3),
4unlessend insert
otherwise provided in the declaration of a common interest
5development, the association is responsible for repairing, replacing,
6begin delete orend deletebegin insert andend insert maintaining the commonbegin delete area, other than exclusive use
7common area, and theend delete
begin insert area.end insert

8begin insert(2)end insertbegin insertend insertbegin insertUnless otherwise provided in the declaration of a common
9interest development, theend insert
owner of each separate interest is
10responsible forbegin delete maintainingend deletebegin insert repairing, replacing, and maintainingend insert
11 that separatebegin delete interest and any exclusive use common area
12appurtenant to the separateend delete
interest.

begin insert

13(3) Unless otherwise provided in the declaration of a common
14interest development, the owner of each separate interest is
15responsible for maintaining the exclusive use common area
16appurtenant to that separate interest and the association is
17responsible for repairing and replacing the exclusive use common
18area.

end insert
begin insert

19(4) For purposes of this section, the association may amend the
20governing documents in accordance with these provisions to define
P3    1what items or actions constitute maintenance and which constitute
2repair and replacement.

end insert

3(b) The costs of temporary relocation during the repair and
4maintenance of the areas within the responsibility of the association
5shall be borne by the owner of the separate interest affected.

begin delete
6

SECTION 1.  

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

7

5126.  

(a) Notwithstanding Sections 5110, 5115, 5120, and
85125, a common interest development with not more than 15
9separate interests may conduct an election of directors pursuant
10to this section. However, in order for a common interest
11development to conduct its subsequent elections pursuant to this
12section, it shall first hold an election, pursuant to the procedures
13set forth in Sections 5110, 5115, 5120, and 5125, in which its
14members, by simple majority vote, agree to conduct its elections
15of directors under the provisions of this section.

16(b) An election of directors conducted pursuant to this section
17shall meet all of the following requirements:

18(1) Notice of the election shall be provided to each member at
19least 30 days before the meeting at which the election is held. The
20notice shall provide both the following:

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

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

23(2) The election shall be held at a meeting of the members at
24which a quorum is present. If the governing documents permit the
25use of a proxy, a proxy may be counted in determining the quorum.

26(3) A candidate for elected office may be nominated prior to
27the election or at the meeting at which the election is held.

28(4) Votes shall be cast by secret written ballot, except as may
29be necessary to cast a ballot pursuant to a proxy.

30(5) A vote may be cast for a write-in candidate.

31(6) After all of the members present have had an opportunity
32to vote, the ballots shall be counted openly, at the meeting at which
33they were cast. The vote totals and results of the election shall be
34announced at the meeting.

35(7) If a vote to elect a director results in a tie, and a quorum is
36still present when the tie is announced, the members present at the
37meeting may act immediately to attempt to break the tie. Unless
38the governing documents provide another method, a runoff election
39between the tied candidates shall be used to attempt to break the
40tie.

end delete


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