BILL NUMBER: AB 1799	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Mayes

                        FEBRUARY 8, 2016

   An act to amend Section 5100 of the Civil Code, relating to common
interest developments.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1799, as introduced, Mayes. Common interest developments:
association governance: elections.
   The Davis-Stirling Common Interest Development Act defines and
regulates common interest developments. The act requires a common
interest development to be managed by an association, requires the
association to select one or 3 independent 3rd parties as an
inspector or inspectors of elections, and generally requires the
association's elections regarding assessments legally requiring a
vote, election and removal of directors, amendments to the governing
documents, or the grant of exclusive use of common area, to be
conducted by the inspector or inspectors of elections in accordance
with specified procedures. The act excepts from these election
requirements an election of directors if the governing documents of
the association provide that one member from each separate interest
is a director.
   This bill would additionally except from those election
requirements an election of directors if the election is uncontested,
as defined.
   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 5100 of the Civil Code is amended to read:
   5100.  (a) Notwithstanding any other law or provision of the
governing documents, elections regarding assessments legally
requiring a vote, election and removal of directors, amendments to
the governing documents, or the grant of exclusive use of common area
pursuant to Section 4600 shall be held by secret ballot in
accordance with the procedures set forth in this article.
   (b) This article also governs an election on any topic that is
expressly identified in the operating rules as being governed by this
article.
   (c) The provisions of this article apply to both incorporated and
unincorporated associations, notwithstanding any contrary provision
of the governing documents.
   (d) The procedures set forth in this article shall apply to votes
cast directly by the membership, but do not apply to votes cast by
delegates or other elected representatives.
   (e) In the event of a conflict between this article and the
provisions of the Nonprofit Mutual Benefit Corporation Law (Part 3
(commencing with Section 7110) of Division 2 of Title 1 of the
Corporations Code) relating to elections, the provisions of this
article shall prevail.
   (f) Directors shall not be required to be elected pursuant to this
article if the governing documents provide that one member from each
separate interest is a  director.   director,
or if the election of  directors is uncontested. For
purposes of this subdivision, an election is uncontested if the
number of candidates for election does not exceed the number of
directors to be elected at that election.