Would reduce the quorum requirement to the number of persons actually present in person, by proxy, or by secret written ballot, for an adjourned annual meeting.
Current Status: Chaptered
FindHOALaw Quick Summary:
The Davis-Stirling Common Interest Development Act regulates member elections. Existing law prescribes that a quorum is required only if stated in the governing documents or by law.
In the absence of a quorum, this bill would amend Civil Code Section 5115 to authorize an association to adjourn the proceeding to a date no less than 5 and no more than 30 days after the adjourned proceeding, at which time the quorum required for purposes of a membership meeting shall be the number of persons present in person, by proxy, or by secret written ballot received.
Existing law authorizes and regulates the formation and operation of various corporations, including a nonprofit mutual benefit corporation. Existing law sets forth the parameters of a quorum at a meeting of members. For a corporation that is a common interest development, existing law imposes notice requirements for special meetings.
In the absence of a quorum, this bill would amend Corporations Code 7512 to authorize a corporation that is a common interest development to adjourn a membership meeting to a date no less than 5 and no more than 30 days after the adjourned proceeding, at which time the quorum required for purposes of a membership meeting shall be the number of persons present in person, by proxy, or by secret written ballot received.
**AB 1458 was signed in to law on October 4, 2023 and takes effect January 1, 2024.
from the California Legislature's website