uncontested election Archives

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.

View more info on AB 1892
from the California Legislature's website

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SB 323 Signed! The New State of HOA Election Laws - Published on HOA Lawyer Blog (October 2019)

Would allow for elections by acclamation when the number of director nominees is not more than the number of vacancies to be elected.

Current Status: Chaptered

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Existing law requires the election of directors to serve on the board of directors of the association to be held by secret ballot, and requires an association to adopt rules that specify the procedures for nomination of candidates consistent with the governing documents. The act also authorizes those rules to provide for the nomination of candidates from the floor of membership meetings or nomination by any other manner.

This bill would require, when the number of director nominees at the close of the nomination period is not more than the number of vacant director positions on the board, that the director nominees be considered elected by acclamation, subject to board’s satisfaction of specified notice requirements. This bill is limited to association with 6,000 or more units.

View more info on SB 754
from the California Legislature's website

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

Current Status: Dead

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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.

View more info on SB 1128
from the California Legislature's website

Would amend Civil Code § 5100 to exempt HOAs from having to comply with the Davis-Stirling Act’s balloting procedures where an election of directors is uncontested.

Current Status: Dead

FindHOALaw Quick Summary:

The Davis-Stirling Act currently requires HOA board elections to be conducted by secret ballot in accordance with the procedures set forth in Civil Code Section 5100 et. seq. (See “Elections Requiring Secret Ballots.”) AB 1426 (Irwin) would amend Section 5100 in order to exempt HOAs from having to comply with those procedures where an election of directors is “uncontested.” An “uncontested” election would be defined as an election where the number of candidates, including write-in candidates, does not exceed the number of directors to be elected at that election and the HOA has declared the election to be uncontested.

As currently proposed, AB 1426 would allow for an election to be declared uncontested if all of the following requirements are met: the election rules have been adopted and complied with, all declared candidates were nominated before the deadline for nominations, the inspector of elections has informed the board that the number of candidates does not exceed the number of directors to be elected, the board votes in open session to declare the election is uncontested after a hearing during an open board meeting where members are able to make objections, and the board provides general notice to the membership at least twenty (20) days before that board meeting. The notice must include the date, time, and place of the meeting, the board’s intention to vote to declare the election of directors is uncontested, the names of all candidates who will be declared elected if the board declares the election is uncontested, and the right of any member to attend the meeting to object to the board declaring the election uncontested before the board votes on the matter. The names of the candidates, the general notice, any objections, and the board vote shall be recorded in the meeting minutes. If the association’s governing documents provide for write-in votes, the association shall allow fifteen (15) days for a write-in candidate to submit his or her name to the inspector of elections. In the event one or more write-in candidates are timely submitted, which results in the total number of candidates exceeding the total number of directors to be elected, an election shall be held. If, after the 15 day period, the total number of candidates still does not exceed the total number of directors to be elected, the uncontested election results shall be sealed and become effective immediately. If an association’s governing documents do not provide for write-in votes, then the association must provide at least 15 days general notice of the self-nomination process.

This bill would also amend Civil Code § 5105 to provide general notice to the membership of the election and the nomination procedures (the “Call for Candidates”), at least sixty (60) days prior to any election of directors. Any member who is qualified, in accordance with the governing documents, shall not be denied the right to vote or to be a candidate for the board. This bill would amend Civil Code § 5145 to allow for a cause of action against the association for violation of rules required by Section 5105.

To read the current text of AB 1426, click here to the view the bill’s page on the California Legislature’s website. FindHOALaw will continue to track AB 1426 as it progresses through the Legislature.

View more info on AB 1426
from the California Legislature's website

Would amend Civil Code § 5100 to exempt HOAs from having to comply with the Davis-Stirling Act’s balloting procedures where an election of directors is uncontested.

Current Status: Dead

FindHOALaw Quick Summary:

The Davis-Stirling Act currently requires HOA board elections to be conducted by secret ballot in accordance with the procedures set forth in Civil Code Section 5100 et. seq. (See “Elections Requiring Secret Ballots.”) AB 1799 (Mayes) would amend Section 5100 in order to exempt HOAs from having to comply with those procedures where an election of directors is “uncontested.” An “uncontested” election would be defined as an election where the number of candidates, including write-in candidates, does not exceed the number of directors to be elected at that election and the HOA has declared the election to be uncontested.

As currently proposed, AB 1799 would allow for an election to be declared uncontested if all of the following requirements are met: the election rules have been adopted and complied with, all declared candidates were nominated before the deadline for nominations, the inspector of elections has informed the board that the number of candidates does not exceed the number of directors to be elected, the board votes in open session to declare the election is uncontested after a hearing during an open board meeting where members are able to make objections, and the board provides general notice to the membership at least twenty (20) days before that board meeting. The notice must include the date, time, and place of the meeting, the board’s intention to vote to declare the election of directors is uncontested, the names of all candidates who will be declared elected if the board declares the election is uncontested, and the right of any member to attend the meeting to object to the board declaring the election uncontested before the board votes on the matter. The names of the candidates, the general notice, any objections, and the board vote shall be recorded in the meeting minutes. If the association’s governing documents provide for write-in votes, the association shall allow fifteen (15) days for a write-in candidate to submit his or her name to the inspector of elections. In the event one or more write-in candidates are timely submitted, which results in the total number of candidates exceeding the total number of directors to be elected, an election shall be held. If, after the 15 day period, the total number of candidates still not exceed the total number of directors to be elected, the uncontested election results shall be sealed and become effective immediately. If an association’s governing documents do not provide for write-in votes, then the association must provide at least 15 days general notice of the self-nomination process.

This bill would also amend Civil Code § 5105 to provide general notice to the membership of the election and the nomination procedures (the “Call for Candidates”) at least sixty (60) days prior to any election of directors. Any member who is in good standing, in accordance with the governing documents, shall not be denied the right to vote or to be a candidate for the board. This bill would amend Civil Code § 5145 to allow for a cause of action against the association for violation of rules required by Section 5105.

**UPDATE: On May 3, 2016, the proposed text of AB 1799 was amended to require write-in candidates:

(B) An association that provides If an association’s governing documents do not provide for write-in votes on the ballot, as provided by subparagraph (A), then the association must provide at least 15 days days’ general notice of a self-nomination process shall not be required to comply with subparagraph (A). following the board determination described in subparagraph (D) of paragraph (1).

**UPDATE: On June 6, 2016, the proposed text of AB 1799 was amended to remove members in good standing:

(8) Ensure a member in good standing, who satisfies any the lawful requirements specified qualifications adopted pursuant to paragraph (3) and by the association’s governing documents, shall not be denied the right to vote or the right to be a candidate for director.

(9) Ensure a member who satisfies the lawful qualifications adopted pursuant to paragraph (4) and by the association’s governing documents shall not be denied the right to vote.

To read the current text of AB 1799, click here to the view the bill’s page on the California Legislature’s website. FindHOALaw will continue to track AB 1799 as it progresses through the Legislature.

View more info on AB 1799
from the California Legislature's website

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Tag Archives: uncontested election

AB-1892 (Davies) Common interest developments: associations.

Current Status: Pending

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

Current Status: Chaptered

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SB-754 (Moorlach) Common interest developments: board members: election by acclamation.

Current Status: Chaptered

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SB 1128 (Roth). Common interest developments.

Current Status: Dead

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AB 1426 (Irwin). Common interest developments: association governance: elections.

Current Status: Dead

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AB 1799 (Mayes). Common Interest Developments: Association Governance: Elections.

Current Status: Dead

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