SB 1128: Common interest developments: governance.

Existing law, the Davis-Stirling Common Interest Development Act, governs the management and operation of common interest developments by an association. Under existing law, an association that is required to deliver a document by individual delivery or individual notice is authorized to deliver the document by email facsimile, or other electronic means, if the recipient has consented in writing, unless the consent is revoked in writing.

This bill would authorize the recipient to consent to that delivery and revoke that consent by email.

Existing law requires the board of an association to provide general notice of a proposed rule change at least 30 days before making the rule change.

This bill would instead require general notice of at least 28 days before making the rule change.

Existing law requires the election of directors who serve on the association board, except if the governing documents provide that one member from each separate interest is a director. Existing law requires the association to adopt rules regarding qualifications for candidates for the board and any other elected position, and procedures for the nomination of candidates, consistent with the governing documents. Existing law requires these rules to specify a method for selecting independent 3rd parties as inspectors of elections and authorizes the rules to provide for the nomination of candidates from the floor of membership meetings or nomination by any other manner.

This bill would specify the grounds for both authorizing and requiring disqualification of a nominee for election to the association board, and would delete a provision that specifies a nomination or election procedure shall not be deemed reasonable if it disallows a member from nominating himself or herself for election to the board. The 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, as determined by an inspector or inspectors of elections, the director nominees to be considered elected by acclamation if specified requirements are met, including a requirement that the association provide individual notice of the election and the procedure for nominating candidates and the board adopts a resolution, as specified.

This bill would incorporate additional changes to Section 5105 of the Civil Code proposed by SB 1265 to be operative only if this bill and SB 1265 are enacted and this bill is enacted last.