SB 1128 (Roth). Common interest developments.

This bill would allow for voting by acclamation in uncontested elections.

Current Status: Dead

FindHOALaw Quick Summary:

The Davis-Stirling Common Interest Development Act governs the management and operation of common interest developments.

Most likely a spot bill, this bill would make nonsubstantive changes Civil Code Section 4000.

**UPDATE: On March 22, 2018, the proposed text of SB 1128 was amended to allow an owner to consent to individual delivery by electronic means in writing or by email, to reduce notice of a rule change to 28 days, and to allow for voting by acclamation:

Section 4040 of the Civil Code is amended to read:

(2) E-mail, facsimile, or other electronic means, if the recipient has consented, in writing, writing or by e-mail, to that method of delivery. The consent may be revoked, in writing, writing or by e-mail, by the recipient.

Section 4360 of the Civil Code is amended to read:

(a) The board shall provide general notice pursuant to Section 4045 of a proposed rule change at least 30 28 days before making the rule change.

Section 7522 of the Corporations Code is amended to read:

(e) Notwithstanding subdivision (d), if a common interest development, as defined in Section 4100 of the Civil Code, is subject to this part and after the close of nominations for the directors on the board of the association of the common interest development the number of qualified director nominees is less than the number of vacancies to be elected, as determined by the inspector or inspectors of elections selected pursuant to Section 5110 of the Civil Code, the qualified director nominees shall be considered elected by acclamation.

**UPDATE: On June 20, 2018, the proposed text of SB 1128 was amended to add Civil Code Section 5106:

5106. When, as of the close of the nominations period for directors on the board, the number of director nominees is not more than the number of vacancies on the board, as determined by the inspector or inspectors of elections, the director nominees shall be considered elected by acclamation only if all of the following requirements are met:

(a) The association provided individual notice of the election and the procedure for nominating candidates at least 30 days prior to the close of the nominations period. This notice shall state that when the number of nominees is not more than the number of vacancies on the board as of the close of the nominations period for directors on the board, the nominees shall be deemed elected to the board after the adoption of a resolution to that effect at a regularly scheduled board meeting.

(b) At the next regularly scheduled meeting of the board after the close of the nominations period, a resolution is introduced to fill the vacancies to be elected with the names of the persons who have been nominated as of the close of the nominations period.

(c) The resolution described in subdivision (b) is adopted by the board not less than 28 days after it is introduced.

**UPDATE: The Governor vetoed SB 1128 on September 30, 2018. His veto message can be found here.