California Assembly Bill AB968 Amended / Bill

 BILL NUMBER: AB 968AMENDED BILL TEXT AMENDED IN SENATE MAY 27, 2014 AMENDED IN ASSEMBLY MAY 2, 2013 AMENDED IN ASSEMBLY APRIL 22, 2013 AMENDED IN ASSEMBLY APRIL 2, 2013 INTRODUCED BY Assembly Member Gordon FEBRUARY 22, 2013 An act to  add Section 5126 to   amend Section 4775 of  the Civil Code, relating to common interest developments. LEGISLATIVE COUNSEL'S DIGEST AB 968, as amended, Gordon. Common interest developments:  elections.   common areas: maintenance and repairs.  The Davis-Stirling Common Interest Development Act governs the management and operation of common interest developments. These provisions require that a common interest development be managed by an association and  that elections related to the governance or administration of the common interest development conform to specified requirements   also set forth the duties and responsibilities of the association and the owners of the separate interests with regard to maintenance and repair of common and exclusive use areas, as defined  .  Unless otherwise provided in the common interest development declaration, the association   is responsible for maintaining, repairing, or replacing the common area, other than the exclusive use common area, and the owner of each separate interest is responsible for maintaining that separate interest and any exclusive use common area appurtenant to the interest.  This bill would,  notwithstanding the election requirements referenced above, authorize a common interest development with not more than 15 separate interests to conduct an election of directors pursuant to other specified requirements if a majority of the members of the common interest development agree to conduct elections under these provisions.   instead provide that, unless otherwise provided in the declaration, the association is responsible for maintaining, repairing, and replacing the common area, the   owner of each separate interest is responsible for maintaining, repairing, and replacing the separate interest, and the owner of the separate interest is responsible for maintaining the exclusive use common area appurtenant to the separate interest while the association is responsible for repairing and replacing the exclusive use common area.  Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:  SECTION 1.   Section 4775 of the   Civil Code   is amended to r  ead:  4775. (a)  Unless   (1)     Except as provided in paragraph (3), unless  otherwise provided in the declaration of a common interest development, the association is responsible for repairing, replacing,  or   and  maintaining the common  area, other than exclusive use common area, and the   area.   (2)     Unless otherwise provided in the declaration of a common interest development, the  owner of each separate interest is responsible for  maintaining   repairing, replacing, and maintaining  that separate  interest and any exclusive use common area appurtenant to the separate  interest.  (3) Unless otherwise provided in the declaration of a common interest development, the owner of each separate interest is responsible for maintaining the exclusive use common area appurtenant to that separate interest and the association is responsible for repairing and replacing the exclusive use common area.   (4) For purposes of this section, the association may amend the governing documents in accordance with these provisions to define what items or actions constitute maintenance and which constitute repair and replacement.  (b) The costs of temporary relocation during the repair and maintenance of the areas within the responsibility of the association shall be borne by the owner of the separate interest affected.  SECTION 1.   Section 5126 is added to the Civil Code, to read: 5126. (a) Notwithstanding Sections 5110, 5115, 5120, and 5125, a common interest development with not more than 15 separate interests may conduct an election of directors pursuant to this section. However, in order for a common interest development to conduct its subsequent elections pursuant to this section, it shall first hold an election, pursuant to the procedures set forth in Sections 5110, 5115, 5120, and 5125, in which its members, by simple majority vote, agree to conduct its elections of directors under the provisions of this section. (b) An election of directors conducted pursuant to this section shall meet all of the following requirements: (1) Notice of the election shall be provided to each member at least 30 days before the meeting at which the election is held. The notice shall provide both the following: (A) The time and place at which the meeting will be held. (B) The matters that will be decided in the election. (2) The election shall be held at a meeting of the members at which a quorum is present. If the governing documents permit the use of a proxy, a proxy may be counted in determining the quorum. (3) A candidate for elected office may be nominated prior to the election or at the meeting at which the election is held. (4) Votes shall be cast by secret written ballot, except as may be necessary to cast a ballot pursuant to a proxy. (5) A vote may be cast for a write-in candidate. (6) After all of the members present have had an opportunity to vote, the ballots shall be counted openly, at the meeting at which they were cast. The vote totals and results of the election shall be announced at the meeting. (7) If a vote to elect a director results in a tie, and a quorum is still present when the tie is announced, the members present at the meeting may act immediately to attempt to break the tie. Unless the governing documents provide another method, a runoff election between the tied candidates shall be used to attempt to break the tie.