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AB-968 Common interest developments: elections.(2013-2014)

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AB968:v96#DOCUMENT

Amended  IN  Assembly  May 02, 2013
Amended  IN  Assembly  April 22, 2013
Amended  IN  Assembly  April 02, 2013

CALIFORNIA LEGISLATURE— 2013–2014 REGULAR SESSION

Assembly Bill No. 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 requirements if a majority of the members of the common interest development agree to conduct elections under these provisions.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NO   Local Program: NO  

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


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.