AB 968 Assembly Bill

BILL NUMBER: AB 968	AMENDED
	BILL TEXT

	AMENDED IN SENATE  MAY 27, 2014
	AMENDED IN ASSEMBLY  MAY 2, 2013
	AMENDED IN ASSEMBLY  APRIL 22, 2013
	AMENDED IN ASSEMBLY  APRIL 2, 2013

INTRODUCED BY   Assembly Member Gordon

                        FEBRUARY 22, 2013

   An act to  add Section 5126 to   amend
Section 4775 of  the Civil Code, relating to common interest
developments.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 968, as amended, Gordon. Common interest developments: 
elections.   common areas: maintenance and repairs.

   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   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 defined  .  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. 
   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 requirements if a
majority of the members of the common interest development agree to
conduct elections under these provisions.   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. 
   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 4775 of the   Civil
Code   is amended to r  ead: 
   4775.  (a)  Unless   (1)   
 Except as provided in paragraph (3), unless  otherwise
provided in the declaration of a common interest development, the
association is responsible for repairing, replacing,  or
  and  maintaining the common  area, other
than exclusive use common area, and the   area. 
    (2)     Unless otherwise provided in the
declaration of a common interest development, the  owner of each
separate interest is responsible for  maintaining 
 repairing, replacing, and maintaining  that separate
 interest and any exclusive use common area appurtenant to
the separate  interest. 
   (3) Unless otherwise provided in the declaration of a common
interest development, the owner of each separate interest is
responsible for maintaining the exclusive use common area appurtenant
to that separate interest and the association is responsible for
repairing and replacing the exclusive use common area.  
   (4) For purposes of this section, the association may amend the
governing documents in accordance with these provisions to define
what items or actions constitute maintenance and which constitute
repair and replacement. 
   (b) The costs of temporary relocation during the repair and
maintenance of the areas within the responsibility of the association
shall be borne by the owner of the separate interest affected.

  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 15 separate interests
may conduct an election of directors pursuant to this section.
However, in order for a common interest development to conduct its
subsequent elections pursuant to this section, it shall first hold an
election, pursuant to the procedures set forth in Sections 5110,
5115, 5120, and 5125, in which its members, by simple majority vote,
agree to conduct its elections of directors under the provisions of
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.