Tag Archives: Elections

AB-21 (DeMaio) Common interest developments: association management and meeting procedures.

Would enact the Homeowner Association Accountability and Transparency Act of 2025 to make substantive changes to the Open Meeting Act, association records, and records inspection, and would impose additional penalties for violations of these provisions.

Current Status: Pending

FindHOALaw Quick Summary:

The Davis-Stirling Common Interest Development Act governs the management and operation of common interest developments by an association. If a provision of the Act requires an association to deliver a document by “individual delivery” or “individual notice,” the Act requires the association to deliver that document in accordance with the preferred delivery method specified by the member. Existing law also requires the board of an association to provide general notice of a proposed rule change at least 28 days before making the rule change, in accordance with certain procedures.

This bill would amend Civil Code Section 4360 to require the board to provide individual notice of a proposed rule change.

Existing law prohibits the board of a common interest development from taking action on any item of business outside of a board meeting. Existing law also prohibits the board from conducting a meeting via a series of electronic transmissions, except in specified emergency circumstances.

This bill would amend Civil Code Section 4910 to prohibit a majority of the members of the board, outside an authorized meeting, from conducting communications of any kind, directly or through intermediaries, to discuss, deliberate, or take action on any item of business within the board’s subject matter jurisdiction.

Existing law requires an association to generally give notice of the time and place of a board meeting at least 4 days before the meeting and requires the notice to contain the agenda for the meeting.

This bill would amend Civil Code Section 4920 to require the notice containing the agenda to have instructions on how a member may get a copy of the agenda packet for the open session portion of the meeting and would establish procedures for the board to follow in responding to those requests. This bill would also amend Civil Code Section 5200 to include all documents constituting the agenda packet of meetings of the members, the board, and any committees appointed by the board as association records.

Existing law authorizes the board to adjourn to, or meet solely in, executive session to consider litigation and other specified matters. Existing law requires any matter discussed in executive session to be generally noted in the minutes of the immediately following meeting that is open to the entire membership.

This bill would add Civil Code Section 4921 to require the board, if the association becomes involved in litigation, to announce the litigation at its subsequent meeting, including stating the name of the court and case number in the meeting minutes. The bill would also require the board, if the association files an insurance claim or has an insurance policy change, to announce the claim or policy change at its subsequent meeting. The bill would further amend Civil Code Section 4935 to require discussions regarding ongoing litigation to have the case name included as part of the executive session meeting minute notes.

This bill would add Civil Code Section 4941 to require open session meetings of the board to be electronically recorded using audio, or audio and video, and would consider the recordings to be a record of the association and to be available to members on the same basis as written meeting minutes. The bill would require notice to be given at the beginning of every open session of the board that the meeting is being recorded.

Existing law requires the minutes, minutes proposed for adoption that are marked to indicate draft status, or a summary of the minutes of a board meeting, other than an executive session, to be available to members within 30 days of the meeting and distributed to a member upon request and upon reimbursement of the association’s cost for making that distribution.

This bill would amend Civil Code Section 4950 to prohibit a charge for minutes distributed electronically. The bill would require the minutes, or proposed minutes, to include specified information, including the date and time of the meeting and whether a quorum of directors was established.

Existing law authorizes a member to bring a civil action for declaratory or equitable relief for a violation by the association of specified provisions governing board meetings within one year of the date the cause of action accrues. Existing law entitles a member who prevails in a civil action under these provisions to reasonable attorney’s fees and court costs.

This bill would amend Civil Code Section 4955 to require a court to void any action taken by the board at a meeting shown to be conducted in violation of the Open Meeting Act. The bill would authorize a cause of action under those provisions to be brought in either superior court or small claims court. The bill would also require a member who prevails in a civil action brought in small claims court to be awarded court costs and reasonable attorney’s fees incurred.

Under the Davis-Stirling Act, the operating rules are a part of the governing documents of a common interest development. The Act requires an amendment to the governing documents to be held by secret ballot.

This bill would amend Civil Code Section 5100 to exclude an amendment to the operating rules from the requirement that the amendment be held by secret ballot. The bill would also prohibit a member from being denied a ballot for any reason other than not being a member at the time when the ballots are distributed.

Existing law requires the board provide individual notice of the tabulated results of the election within 15 days of the election. This bill would amend Civil Code Section 5120 to require the meeting minutes and the individual notice of the election results to state the term for each elected director.

This bill would also amend Civil Code Section 5200 to include signature-redacted copies of voter outer envelopes to association election materials. It would further amend Civil Code Section 5205 to require the association to make available election records in the custody of an association’s vendors for inspection and copying by a member of the association. The association may not charge for the emailing of documents already in electronic format and which do not require any redacting.

Existing law authorizes a member to bring a civil action to enforce that member’s right to inspect and copy association records.

This bill would amend Civil Code Section 5235 to authorize a member to bring a civil action for declaratory, injunctive, and equitable relief and civil penalties. The bill would authorize a cause of action under those provisions to be brought in either superior court or small claims court. The bill would also require a member who prevails in a civil action brought in small claims court to be awarded court costs and reasonable attorney’s fees incurred. A prevailing association may not recover any costs unless the action is found to be frivolous, unreasonable, or without foundation.

The bill amend Civil Code Sections 5105, 5145, and 5230 to update definitions and would make various other related and conforming changes to the act.

View more info on AB 21
from the California Legislature's website

AB-2460 (Ta) Common interest developments: association governance: member election.

Would provide clarification to the reduced quorum requirements for a reconvened membership meeting to elect the board of directors.

Current Status: Chaptered

FindHOALaw Quick Summary:

Existing law prescribes that a quorum is required only if stated in the governing documents or by law. In the absence of a quorum, existing law authorizes an association to adjourn the proceeding to a date at least 20 days after the adjourned proceeding, at which time the quorum required for purposes of a membership meeting is 20% of the voting members present in person, by proxy, or by secret written ballot received. Existing law requires an association to provide general notice of the membership meeting, as specified, no less than 15 days prior to the election of directors.

In the absence of a quorum, this bill would amend Civil Code Section 5115 to instead authorize the board of an association to adjourn the proceeding on behalf of the members to a date at least 20 days after the adjourned proceeding, at which time the quorum required for purposes of a reconvened membership meeting would be 20% of the voting members present in person, by proxy, or by secret written ballot received. The bill would require an association to provide general notice of the reconvened membership meeting, as specified, no later than 15 days prior to the date of the reconvened membership meeting.

Under existing law, for elections of directors and for recall elections, an association is required to provide general notice of specified information about the election at least 30 days before the ballots are distributed, including a statement that the board of directors may call a subsequent meeting at least 20 days after a scheduled election if the quorum is not reached, as specified.

This bill would also amend Civil Code Section 5115 to require an association whose governing documents require a quorum for election of directors to provide general notice of a statement that the board of directors may call a reconvened meeting at least 20 days after a scheduled election if the quorum is not reached.

For a corporation that is a common interest development, existing law imposes notice requirements for special meetings. In the absence of a quorum, existing law authorizes a corporation that is a common interest development to adjourn a membership proceeding to a date at least 20 days after the adjourned proceeding, at which time the quorum required for purposes of a membership meeting is 20% of the voting members present in person, by proxy, or by secret written ballot received.

In the absence of a quorum, this bill would amend Corporations Code Section 7512 to instead authorize the board of the corporation that is a common interest development to adjourn a membership proceeding on behalf of the members to a date at least 20 days after the adjourned proceeding, at which time the quorum required for purposes of a reconvened membership meeting would be 20% of the voting members present in person, by proxy, or by secret written ballot received.

**AB 2460 was signed by the Governor on September 22, 2024, and takes effect January 1, 2025.

View more info on AB 2460
from the California Legislature's website

AB-1458 (Ta) Common interest developments: association governance: member election.

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.

View more info on AB 1458
from the California Legislature's website

Rights of Assembly and Speech

California law treats HOAs in many respects as ‘quasi-governments’ that must not restrict their members from exercising certain rights seen as fundamental and constitutionally protected. One example is Civil Code Section 4515 which serves to “ensure that members and residents of common interest developments have the ability to exercise their rights under law to peacefully assemble and freely communicate with one another with respect to common interest development living or for social, political, or educational purposes.” (Civ. Code § 4515(a).) The following information outlines the components of Section 4515 and the protections it gives to an HOA’s residents when they seek to exercise their rights of assembly and speech.

Assembly Rights
An HOA’s governing documents cannot prohibit a member or resident within the HOA from peacefully assembling or meeting with other HOA members, residents, and their invitees or guests during reasonable hours and in a reasonable manner for purposes relating to the following matters: (Civ. Code § 4515(b(1))

Living within a common interest development
HOA elections
Public elections
Legislation
The initiative, referendum or recall process

Meeting with Public Officials to Speak on Matters of Public Interest
An HOA’s governing documents similarly cannot prohibit members or residents from “inviting public officials, candidates for public office, or representatives of homeowner organizations” to meet with them within the HOA and to “speak on matters of public interest.” (Civ. Code § 4515(b)(2).)

Free Use of Common Area for an Assembly or Meeting
An HOA’s governing documents may not prohibit the members or residents from using the common area, including the HOA’s recreation hall or clubhouse, for such an assembly or meeting described above when that common area facility is not otherwise in use. (Civ. Code § 4515(b)(3).) No fee may be charged by the HOA to the person seeking to use a common area facility for such an assembly or meeting, nor may the HOA require the person to make a deposit, obtain liability insurance, or pay the premium or deductible on the HOA’s insurance policy. (Civ. Code § 4515(c).)

Canvassing & Petitioning
An HOA’s governing documents may not prohibit members and residents from, at reasonable hours and in a reasonable manner, canvassing and petitioning other HOA members, residents, and the HOA’s Board of Directors for the assembly and meeting activities described above. (Civ. Code § 4515(b)(4).)

Speech Rights & Distributing Information
The purposes discussed above for which an HOA’s members may assemble and meet similarly apply to matters involving speech by members and residents. Just as in the case with rights of assembly, an HOA’s governing documents may not prohibit members and residents from “distributing or circulating” information about common interest development living, association elections, legislation, public elections, or the initiative, referendum, or recall processes”, but the speech rights given to members and residents also extend to any “issues of concern to members and residents.” The HOA cannot require prior permission for a member or resident to distribute such information, but may require that the distribution be at reasonable hours and in a reasonable manner. (Civ. Code § 4515(b)(5).)

Social Media
An HOA’s governing documents may not prohibit a member or resident from using social media or other online resources to discuss any of the above-referenced matters, even if the content is critical of the HOA or its governance. However, an HOA is not required to provide social media or other online resources to its members, nor is an HOA required to allow members to post content on the HOA’s websites. (Civ. Code § 4515(b)(6).)

Violations & Penalties
A member or resident who is prevented by the HOA or its agents from engaging in any of these protected activities under Civil Code section 4515 may bring a civil or small claims court action to enjoin the enforcement of a governing document that violates the provisions of Section 4515. The court may assess a civil penalty of not more than five hundred dollars ($500) for each violation committed by the HOA or its agents. (Civ. Code § 4515(d).)

SB-432 (Wieckowski) Common interest developments.

Would allow for board term limits and would require that persons assisting Inspector(s) of Elections satisfy the criteria of an independent third party.

Current Status: Chaptered

FindHOALaw Quick Summary:

Existing law provides for nomination by acclamation in an election of members of the board of directors of the association if certain conditions are satisfied, including that the association permits all candidates to run if nominated. However, an association is authorized to disqualify a person from nomination under certain circumstances, including if the person has been a member of the association for less than one year.

This bill would amend Civil Code Section 5100 to include among the permissible reasons for disqualifying a person from nomination if the person has served the maximum number of terms or sequential terms allowed by the association.

Existing law requires an association to adopt operating rules for appointing one or 3 independent third parties as inspectors of elections and that allow the inspectors to appoint and oversee additional persons to verify signatures and to count and tabulate votes, provided that the persons are independent third parties. Existing law specifies criteria for who an independent third party may be.

This bill would amend Civil Code Section 5105 to require the additional persons to be appointed and overseen by the inspectors of election to also satisfy the criteria of who may be an independent third party.

**UPDATE: SB 432 was signed by the Governor on October 7, 2021. Its changes to the law take effect January 1, 2022.

View more info on AB 432
from the California Legislature's website

AB-502 (Davies) Common interest developments: election requirements.

Would allow for acclamation in association elections.

Current Status: Chaptered

FindHOALaw Quick Summary:

The Davis-Stirling Common Interest Development Act governs the formation and operation of common interest developments and generally provides for the election and removal of directors of the board by secret ballot. Existing law provides for director nominees to be considered elected by acclamation if the number of director nominees is not more than the number of vacancies to be elected, the association includes 6,000 or more units, the association provides individual notice of the election at least 30 days before the close of the nominations, and the association permits all candidates to run if nominated, except as specified.

This bill would amend Civil Code 5100 to delete the requirement that the association includes 6,000 or more units.

**UPDATE: AB 502 was signed by the Governor on October 5, 2021. Its changes to the law take effect January 1, 2022.

View more info on AB 502
from the California Legislature's website

Uncontested Elections (Elections by Acclamation)

Notwithstanding the Davis-Stirling Act’s secret ballot requirements governing director elections, or any contrary provision in a HOA’s governing documents, in a situation where, as of the deadline for submitting nominations, the number of qualified candidates is not more than the number of vacancies on the board to be elected (where the election is ‘uncontested’), as determined by the inspector(s) of elections, the association may, but is not required to, consider the qualified candidates elected by acclamation if all conditions specified in Civil Code Section 5103 have been met. Those conditions are specified below.

Regular Election within the Last Three (3) Years
The association must have held a regular election for the directors in the last three years. The three-year time period is calculated from the date ballots were due in the last full election to the start of voting for the proposed election. (Civ. Code § 5103(a).)

Notice of Election & Nomination Procedures
The association must have provided individual notice of the election and the procedure for nominating candidates as follows:

Initial Notice – At Least Ninety (90) Days Before the Deadline for Submitting Nominations: at least ninety (90) days before the close of nominations, individual notice must have been provided by the association of the following: (Civ. Code § 5103(b)(1).)

- - The number of board positions that will be filled at the election;
  - The deadline for submitting nominations;
  - The manner in which nominations can be submitted; and
  - A statement informing members that if, at the close of the time period for making nominations, there are the same number or fewer qualified candidates as there are board positions to be filled, then the board of directors may, after voting to do so, seat the qualified candidates by acclamation without balloting.

Reminder Notice – Between Seven (7) and Thirty (30) Days Before the Deadline for Submitting Nominations: between seven (7) days and thirty (30) days before the close of nominations, individual notice must have been provided by the association of the following: (Civ. Code § 5103(b)(2).)

- - The number of board positions that will be filled at the election;
  - The deadline for submitting nominations;
  - The manner in which nominations can be submitted;
  - A list of the names of all of the qualified candidates to fill the board positions as of the date of the reminder notice; and
  - A statement reminding members that if, at the close of the time period for making nominations, there are the same number or fewer qualified candidates as there are board positions to be filled, then the board of directors may, after voting to do so, seat the qualified candidates by acclamation without balloting. This statement is not required if, at the time the reminder notice will be delivered, the number of qualified candidates already exceeds the number of board positions to be filled.

Nomination Communications
The association must have provided the following nomination communications:

Nomination Acknowledgment Communication: within seven (7) business days of receiving a nomination, the association must have provided a written or electronic communication acknowledging the nomination to the member who submitted the nomination (Civ. Code § 5103(c)(1).)

Nominee Qualification Communication: within seven (7) business days of receiving a nomination, the association must have provided a written or electronic communication to the nominee, indicating either that (a) the nominee is a qualified candidate for the board, or (b) the nominee is not a qualified candidate for the board. If the communication specifies that the nominee is not a qualified candidate, it must also include the basis for disqualification and the IDR procedure by which the nominee may appeal the decision. (Civ. Code § 5103(c)(2).)

Combined Communication to Self-Nominees: if the nominee and nominator are the same person (e.g., if it was a “self-nomination”), the association may combine the nomination acknowledgment communication and the nominee qualification communication into a single communication. (Civ. Code § 5103(c)(3).)

All Qualified Candidates Permitted to Run
The association must have permitted all candidates to run if nominated, except for nominees that have been properly disqualified. (Civ. Code § 5103(d)(1); See also “Candidate Qualifications.”)

Board Vote on Acclamation at Board Meeting; Candidates Listed on Meeting Agenda
The association’s board must have voted to consider the qualified candidates elected by acclamation at a board meeting for which the posted agenda of the meeting included the name of each qualified candidate that would be seated by acclamation via the board vote. (Civ. Code § 5103(e).)

Candidate Qualifications

Qualifications for persons wishing to serve on a HOA’s board of directors (aka “candidate qualifications”) are governed by Civil Code § 5105. Persons who do not satisfy the candidate qualifications in effect at the time of nomination are disqualified from nomination. (See “Candidate Nomination”.) The types of candidate qualifications that may or must be adopted under Civil Code § 5105 are discussed below:

Mandatory Candidate Qualification: Must be a Member
An association must disqualify a person from a nomination as a candidate if that person is not a member of the association at the time of nomination. (Civ. Code § 5105(b).) “Member” in this context means the person must be an owner of a separate interest (e.g., an owner of a Lot or Unit) within the association at the time of nomination, regardless of any contrary definition of “member” contained in the association’s governing documents. (Civ. Code § 4160.)

Directors Must Retain Membership Status in order to Serve – A sitting director who ceases to be a member must be disqualified from continuing to serve as a director. (Civ. Code § 5105(b).)

Mandatory Disqualification of “Termed-out” Directors
An association must disqualify a nominee if that person has served the maximum number of terms or sequential terms allowed by the association. (Civ. Code § 5105(b).) (*Note – this is effective as of January 1, 2024.)

Discretionary Candidate Qualifications
Through its election rules or bylaws, an association may adopt the following candidate qualifications: (Civ. Code § 5105(c))

Current in Assessments. An association may require a candidate, and a director during their board tenure, to be current in the payment of regular and special assessments, subject to the following:

Nonpayment of fines, fines renamed as assessments, collection charges, late charges or costs levied by a third party may not be used as a basis for disqualification. (Civ. Code § 5105(d).)

If the person has paid the regular or special assessment under protest, the person may not be disqualified from nomination. (Civ. Code § 5105(d)(1).)

If the person has entered into a payment plan pursuant to Civil Code § 5665, the person may not be disqualified from nomination. (Civ. Code § 5105(d)(2).)

Joint Ownership Interest. An association may disqualify a person from nomination as a candidate if the person, if elected, would be serving on the board at the same time as another person who holds a joint ownership interest in the same separate interest (same Lot or Unit) as the person, and the other person is either a candidate for the current election or is an incumbent director. (Civ. Code § 5105(c)(2).)

Member for Less than One (1) Year. An association may disqualify a person from nomination as a candidate if that person has been a member of the association for less than one (1) year. (Civ. Code § 5105(c)(3).)

Past Criminal Conviction. An association may disqualify a person from nomination if that person discloses, or if the association is aware or becomes aware of, a past criminal conviction that would, if the person was elected, either prevent the association from purchasing fidelity bond coverage required by Civil Code § 5806 or terminate the association’s existing fidelity bond coverage. (Civ. Code § 5105(c)(4); See also “Fidelity Bond Coverage.”)

IDR Offer Before Disqualification
An association may not disqualify a person from nomination if the person has not been provided an opportunity to engage in Internal Dispute Resolution (IDR) with the association. (Civ. Code § 5105(e); See also “Internal Dispute Resolution (IDR)”.)

Candidate Qualifications Must Apply to Sitting Directors
Candidate qualifications govern who is qualified to run for and be elected to the HOA’s board of directors in a director election. Director qualifications, by contrast, govern who remains qualified to continue to serve on a HOA’s board of directors. However, Civil Code Section 5105 requires that any basis used by an association for disqualifying a candidate must also apply equally to sitting directors of the association:

“If an association disqualifies a nominee pursuant to this section, an association in its election rules shall also require a director to comply with the same requirements.” (Civ. Code § 5105(f).)

SB 407 (Wieckowski). Common interest developments: noncommercial solicitation.

Would prohibit an association from enacting a rule prohibiting a member from contacting another owner or resident for campaign purposes in a public or association election.

Current Status: Chaptered

FindHOALaw Quick Summary:

Existing law prohibits an association from denying a resident physical access to the common area. This bill would add Civil Code Section 4515 to prohibit an association from enacting a rule prohibiting members from exercising their rights to peacefully assemble and freely communicate with one another for campaign purposes relating to a candidate for public or association office, or on any issue that is the subject of a public or association election, or pending legislation or association rulemaking. This bill would not apply to commercial solicitation, or to any member who wants to prevent any solicitation on his or her separate interest.

**UPDATE: SB 407 was signed by the Governor on September 11, 2017. Its changes to the law will become operative on January 1, 2018.

View more info on SB 407
from the California Legislature's website

AB 569. Real Property: Divided Lands.

Adds an exemption to the requirement for directors to be elected pursuant to formal election procedures for associations that make every member a director.

Current Status: Chaptered

FindHOALaw Quick Summary:

Chapter 6, Article 4 of the Davis-Stirling Act (commencing with Civil Code Section 5100) establishes the procedures for the election of an association’s directors. The bylaws of some stock cooperatives provide that one member from each separate interest is automatically a director. AB 569 (Chau) would add subpart (f) to Civil Code Section 5100 in order to exempt these communities from having to utilize the balloting/election procedures for director elections.

*UPDATE: AB 569 was approved on September 27, 2014 and its changes in the law become effective on January 1, 2015.

View more info on AB 569
from the California Legislature's website

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Tag Archives: Elections

AB-21 (DeMaio) Common interest developments: association management and meeting procedures.

Current Status: Pending

FindHOALaw Quick Summary:

Related Links

AB-2460 (Ta) Common interest developments: association governance: member election.

Current Status: Chaptered

FindHOALaw Quick Summary:

Related Links

AB-1458 (Ta) Common interest developments: association governance: member election.

Current Status: Chaptered

FindHOALaw Quick Summary:

Related Links

Rights of Assembly and Speech

SB-432 (Wieckowski) Common interest developments.

Current Status: Chaptered

FindHOALaw Quick Summary:

Related Links

AB-502 (Davies) Common interest developments: election requirements.

Current Status: Chaptered

FindHOALaw Quick Summary:

Related Links

Uncontested Elections (Elections by Acclamation)

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Candidate Qualifications

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SB 407 (Wieckowski). Common interest developments: noncommercial solicitation.

Current Status: Chaptered

FindHOALaw Quick Summary:

Related Links

AB 569. Real Property: Divided Lands.

Current Status: Chaptered

FindHOALaw Quick Summary: