Would make an association responsible for repairs and replacements necessary to restore interrupted gas, heat, water, or electrical services when an interruption of service begins in the common area. Would also make changes to the notice requirements for elections conducted by electronic secret ballot and elections by acclamation.
Current Status: Pending
FindHOALaw Quick Summary:
Existing law makes an association responsible for repairs and replacements necessary to restore interrupted gas, heat, water, or electrical services that begin in the common area even if the matter extends into another area, as specified, unless the utility service that failed is required to be maintained, repaired, or replaced by a public, private, or other utility service provider, or otherwise provided in the declaration of a common interest development, as provided.
This bill would amend Civil Code Section 4775 to make an association responsible for repairs and replacements necessary to restore interrupted gas, heat, water, or electrical services when an interruption of service begins in the common area.
Existing law authorizes an association to adopt an election operating rule that allows an association to utilize an inspector or inspectors of elections to conduct an election by electronic secret ballot. If an association adopts this election operating rule, existing law requires the association to deliver a specified individual notice of the electronic secret ballot to each member 30 days before the election.
This bill would amend Civil Code Section 5105 to require the association to deliver, no later than 30 days before the election, the individual notice to each member who is electronically voting.
Notwithstanding the secret balloting requirement, existing law authorizes an association to consider qualified candidates to be considered elected by acclamation if the number of qualified candidates is not more than the number of vacancies to be elected and, among other things, the association provides individual notice of the election and procedure for nominating candidates, as specified, including providing a specified initial notice at least 90 days before the deadline for submitting nominations.
This bill would amend Civil Code Section 5103 to require the association to provide the initial notice at least 30 days before the deadline.
from the California Legislature's website
Related Topics
- Utility Service Interruptions
- Uncontested Elections (Elections by Acclamation)
- Candidate Qualifications
- Exclusive Use Common Area Maintenance
- Common Area Maintenance
- Maintenance Responsibilities (Generally)
- Candidate Nomination
- Election Rules
- Inspectors of Elections
- Elections Requiring Secret Ballots
- Exclusive Use Common Area
- Common Area
Related Statutes
- Civil Code Section 5103. Board Elections by Acclamation.
- Civil Code Section 5115. Ballot and Voting Procedure.
- Civil Code Section 5105. Election Rules Required.
- Civil Code Section 5100. Elections Held by Secret Ballot.
- Civil Code Section 4775. Association and Owner Maintenance Responsibilities.
- Civil Code Section 4185. “Separate Interest” Defined.
- Civil Code Section 4145. “Exclusive Use Common Area” Defined.
- Civil Code Section 4095. “Common Area” Defined.
Related Case Law
- Artus v. Gramercy Towers Condominium Assn. (2022)
(2022) 76 Cal.App.5th 1043
[Attorney’s Fees; Prevailing Party] Nether party achieved litigation objective to warrant the status as the prevailing party entitled to its attorneys’ fees.
- Friars Village Homeowners Assn. v. Hansing
(2013) 220 Cal. App. 4th 405
[Election Rules; Director Qualifications] Court upheld association’s authority to adopt election rules which prohibited closely-related members from being nominated to serve as directors.