Amended IN Senate April 02, 2018 CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Senate Bill No. 1265Introduced by Senator WieckowskiFebruary 15, 2018 An act to amend Sections 5105 and 5125 of 5105, 5110, 5125, 5145, and 5930 of, and to add Sections 4801 and 5910.1 to, the Civil Code, relating to common interest developments. LEGISLATIVE COUNSEL'S DIGESTSB 1265, as amended, Wieckowski. Common interest developments: elections. The Davis-Stirling Common Interest Development Act governs the creation and management of common interest developments. The act requires a homeowners association to adopt rules that, among other things, specify the qualifications for candidates for the board of directors of the association and any other elected position, qualifications for voting, the voting power of each membership, the authenticity, validity, and effect of proxies, and the voting period for elections, including the times at which polls will open and close, consistent with the governing documents. The act requires the sealed ballots to be at all times in the custody of the inspector or inspectors of elections or at a designated location until after the tabulation of the vote.This bill would delete the requirement that the rules specify the qualifications for candidates for the board and any other elected position and the qualifications for voting. The bill would prohibit a rule that specifies procedures for the nomination of candidates from being deemed reasonable if it disallows a member from being nominated for any reason other than not being a member at the time of the nomination. The bill would require the rules to ensure that the meeting at which ballots are counted is accessible to seniors and persons with disabilities. The bill would also require the rules to require a notice to be provided regarding the return and counting of ballots, nominations, and list of candidates names that will appear on the ballot. The bill would require the rules to mandate that the inspector of elections deliver to each member the ballots and a copy of the election operating rules at least 30 days before an election. The bill would require these rules to prohibit the denial of a ballot to a member and to a person with power of attorney for an owner. This bill would require the signed voter envelopes envelopes, voter list, and nominee candidate registration list to be in the custody of the inspector of elections or at a designated location until after vote tabulation. tabulation and would require these items and the ballots to be considered association records subject to inspection and copying.Existing law requires an independent 3rd party to be selected by the association as the inspector of elections and prohibits a person, business entity, or subdivision of a business entity that is employed or under contract to the association for any compensable services from being an independent 3rd party unless otherwise expressly authorized by the rules of the association.This bill would delete the exception made by rules of the association.Existing law authorizes a member of an association to bring a civil action for declaratory or equitable relief for a violation of the above described provisions by the association within one year from the date the cause of action accrues and authorizes a court to void the election results, as specified.This bill would, among other things, authorize the civil action to be brought in Superior Court or, if the amount of the demand does not exceed the jurisdictional amount of the small claims court, in small claims court, within one year from the date that the inspector of elections notifies the board and membership of the election results, whichever is later. The bill would also require the court to void the elections results, as specified, unless the association establishes that the failure of the association to follow this article or the election operating rules was unintentional and did not affect the results of the election. The bill would also prohibit an association from filing a civil action regarding a dispute in which the member has requested dispute resolution unless the association has complied with provisions of existing law regarding dispute resolution.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 4801 is added to the Civil Code, to read:4801. The Legislature hereby finds and declares both of the following:(a) Common interest developments function as quasi-governmental entities, paralleling in almost every way the powers, duties, and responsibilities of a local government.(b) As a result, it is the intent of the Legislature for this chapter to ensure that democratic principles and practices are in place with respect to the governance of common interest developments.SECTION 1.It is the intent of the Legislature to ensure that democratic principles and practices are in place during common interest development elections because common interest development associations function as quasi-governmental entities, paralleling in almost every way the powers, duties, and responsibilities of a municipal government.SEC. 2. Section 5105 of the Civil Code is amended to read:5105. (a) An association shall adopt rules, at least 90 days before any election, in accordance with the procedures prescribed by Article 5 (commencing with Section 4340) of Chapter 3, that do all of the following:(1) Ensure that if any candidate or member advocating a point of view is provided access to association media, newsletters, or Internet Web sites during a campaign, for purposes that are reasonably related to that election, equal access shall be provided to all candidates and members advocating a point of view, including those not endorsed by the board, for purposes that are reasonably related to the election. The association shall not edit or redact any content from these communications, but may include a statement specifying that the candidate or member, and not the association, is responsible for that content.(2) Ensure access to the common area meeting space, if any exists, during a campaign, at no cost, to all candidates, including those who are not incumbents, and to all members advocating a point of view, including those not endorsed by the board, for purposes reasonably related to the election.(3) Specify the procedures for the nomination of candidates, consistent with the governing documents. A nomination or election procedure shall not be deemed reasonable if it disallows any member from nominating himself or herself for election or if it disallows a member from being nominated for any reason other than not being a member at the time of the nomination.(4) Specify the voting power of each membership, the authenticity, validity, and effect of proxies, and the voting period for elections, including the times at which polls will open and close, consistent with the governing documents.(5) Specify a method of selecting one or three independent third parties as inspector or inspectors of elections utilizing one of the following methods:(A) Appointment of the inspector or inspectors by the board.(B) Election of the inspector or inspectors by the members of the association.(C) Any other method for selecting the inspector or inspectors.(6) Allow the inspector or inspectors to appoint and oversee additional persons to verify signatures and to count and tabulate votes as the inspector or inspectors deem appropriate, provided that the persons are independent third parties.(7) Ensure that the meeting at which ballots are counted is accessible to seniors and persons with disabilities.(8) Require notice to be provided of all of the following:(A) The date and time by which, and the physical address where, ballots are to be returned by mail or handed to the inspector or inspectors of elections.(B) The date and location of the meeting at which ballots will be counted.(C) The procedure and deadline for submitting a nomination, which shall be provided at least 30 days before that deadline.(D) The list of all candidates names that will appear on the ballot, which shall be provided at least 30 days before the ballots are distributed.(E) The list of all voters by either name or parcel number, and voting power.(9) Require any errors or omissions to the list of candidates names or list of voters to be immediately reported to the inspector or inspectors and require necessary corrections to be made within two business days.(b) Notwithstanding any other provision of law, the rules adopted pursuant to this section may provide for the nomination of candidates from the floor of membership meetings or nomination by any other manner. Those rules may permit write-in candidates for ballots.(c) Notwithstanding any other provision of law, the rules adopted pursuant to this section shall do all of the following:(1) Prohibit the denial of a ballot to a member for any reason other than not being a member at the time when ballots are distributed.(2) Prohibit the denial of a ballot to a person with power of attorney for a member.(3) Require the ballot of a person with power of attorney for a member to be counted if returned in a timely manner.(4) Require the inspector or inspectors of elections to deliver, or cause to be delivered, at least 30 days before an election, to each member both of the following documents:(A) A copy of the election operating rules.(B) The ballot or ballots.SEC. 3. Section 5110 of the Civil Code is amended to read:5110. (a) The association shall select an independent third party or parties as an inspector of elections. The number of inspectors of elections shall be one or three.(b) For the purposes of this section, an independent third party includes, but is not limited to, a volunteer poll worker with the county registrar of voters, a licensee of the California Board of Accountancy, or a notary public. An independent third party may be a member, but may not be a director or a candidate for director or be related to a director or to a candidate for director. An independent third party may not be a person, business entity, or subdivision of a business entity who is currently employed or under contract to the association for any compensable services unless expressly authorized by rules of the association adopted pursuant to paragraph (5) of subdivision (a) of Section 5105. services.(c) The inspector or inspectors of elections shall do all of the following:(1) Determine the number of memberships entitled to vote and the voting power of each.(2) Determine the authenticity, validity, and effect of proxies, if any.(3) Receive ballots.(4) Hear and determine all challenges and questions in any way arising out of or in connection with the right to vote.(5) Count and tabulate all votes.(6) Determine when the polls shall close, consistent with the governing documents.(7) Determine the tabulated results of the election.(8) Perform any acts as may be proper to conduct the election with fairness to all members in accordance with this article, the Corporations Code, and all applicable rules of the association regarding the conduct of the election that are not in conflict with this article.(d) An inspector of elections shall perform all duties impartially, in good faith, to the best of the inspector of elections ability, and as expeditiously as is practical. If there are three inspectors of elections, the decision or act of a majority shall be effective in all respects as the decision or act of all. Any report made by the inspector or inspectors of elections is prima facie evidence of the facts stated in the report.SEC. 3.SEC. 4. Section 5125 of the Civil Code is amended to read:5125. (a) The sealed ballots, signed voter envelopes, voter list, and nominee candidate registration list shall at all times be in the custody of the inspector or inspectors of elections or at a location designated by the inspector or inspectors until after the tabulation of the vote, and until the time allowed by Section 5145 for challenging the election has expired, at which time custody shall be transferred to the association. If there is a recount or other challenge to the election process, the inspector or inspectors of elections shall, upon written request, make the ballots available for inspection and review by an association member or the members authorized representative. Any recount shall be conducted in a manner that preserves the confidentiality of the vote.(b) Notwithstanding Section 5200, ballots, signed voter envelopes, voter list, and candidate registration list shall be association records subject to inspection and copying by a member.SEC. 5. Section 5145 of the Civil Code is amended to read:5145. (a) A member of an association may bring a civil action for declaratory or equitable relief for a violation of this article by the association, including, but not limited to, injunctive relief, restitution, or a combination thereof, within one year of the date the cause of action accrues. that the inspector or inspectors of elections notifies the board and membership of the election results or the cause of action accrues, whichever is later. Upon a finding that the election procedures of this article, or the adoption of and the adherence to rules provided by Article 5 (commencing with Section 4340) of Chapter 3, were not followed, a court may shall void any the results of the election. election, unless the association establishes, by clear and convincing evidence, that the failure of the association to follow this article or the election operating rules was unintentional and did not affect the results of the election. The findings of the court shall be stated in writing as part of the record.(b) A member who prevails in a civil action to enforce the members rights pursuant to this article shall be entitled to reasonable attorneys fees and court costs, and the court may impose a civil penalty of up to five hundred dollars ($500) for each violation, except that each identical violation shall be subject to only one penalty if the violation affects each member of the association equally. A prevailing association shall not recover any costs, unless the court finds the action to be frivolous, unreasonable, or without foundation. If a member prevails in a civil action brought in small claims court, the member shall be awarded court costs and reasonable attorneys fees incurred for consulting an attorney in connection with this civil action.(c) A cause of action under Sections 5100 to 5130, inclusive, with respect to access to association resources by a candidate or member advocating a point of view, the receipt of a ballot by a member, or the counting, tabulation, or reporting of, or access to, ballots for inspection and review after tabulation may be brought in small claims court if the amount of the demand does not exceed the jurisdiction of that court. subdivision (a) may be brought in either the Superior Court or, if the amount of the demand does not exceed the jurisdictional amount of the small claims court, in small claims court.SEC. 6. Section 5910.1 is added to the Civil Code, to read:5910.1. An association may not file a civil action regarding a dispute in which the member has requested dispute resolution unless the association has complied with Section 5910.SEC. 7. Section 5930 of the Civil Code is amended to read:5930. (a) An association or a member may not file an enforcement action in the superior court unless the parties have endeavored to submit their dispute to alternative dispute resolution pursuant to this article.(b) This section applies only to an enforcement action that is solely for declaratory, injunctive, or writ relief, or for that relief in conjunction with a claim for monetary damages not in excess of the jurisdictional limits stated in Sections 116.220 and 116.221 of the Code of Civil Procedure.(c) This section does not apply to a small claims action.(d)Except as otherwise provided by law, this section does not apply to an assessment dispute.
Amended IN Senate April 02, 2018 CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Senate Bill No. 1265Introduced by Senator WieckowskiFebruary 15, 2018 An act to amend Sections 5105 and 5125 of 5105, 5110, 5125, 5145, and 5930 of, and to add Sections 4801 and 5910.1 to, the Civil Code, relating to common interest developments. LEGISLATIVE COUNSEL'S DIGESTSB 1265, as amended, Wieckowski. Common interest developments: elections. The Davis-Stirling Common Interest Development Act governs the creation and management of common interest developments. The act requires a homeowners association to adopt rules that, among other things, specify the qualifications for candidates for the board of directors of the association and any other elected position, qualifications for voting, the voting power of each membership, the authenticity, validity, and effect of proxies, and the voting period for elections, including the times at which polls will open and close, consistent with the governing documents. The act requires the sealed ballots to be at all times in the custody of the inspector or inspectors of elections or at a designated location until after the tabulation of the vote.This bill would delete the requirement that the rules specify the qualifications for candidates for the board and any other elected position and the qualifications for voting. The bill would prohibit a rule that specifies procedures for the nomination of candidates from being deemed reasonable if it disallows a member from being nominated for any reason other than not being a member at the time of the nomination. The bill would require the rules to ensure that the meeting at which ballots are counted is accessible to seniors and persons with disabilities. The bill would also require the rules to require a notice to be provided regarding the return and counting of ballots, nominations, and list of candidates names that will appear on the ballot. The bill would require the rules to mandate that the inspector of elections deliver to each member the ballots and a copy of the election operating rules at least 30 days before an election. The bill would require these rules to prohibit the denial of a ballot to a member and to a person with power of attorney for an owner. This bill would require the signed voter envelopes envelopes, voter list, and nominee candidate registration list to be in the custody of the inspector of elections or at a designated location until after vote tabulation. tabulation and would require these items and the ballots to be considered association records subject to inspection and copying.Existing law requires an independent 3rd party to be selected by the association as the inspector of elections and prohibits a person, business entity, or subdivision of a business entity that is employed or under contract to the association for any compensable services from being an independent 3rd party unless otherwise expressly authorized by the rules of the association.This bill would delete the exception made by rules of the association.Existing law authorizes a member of an association to bring a civil action for declaratory or equitable relief for a violation of the above described provisions by the association within one year from the date the cause of action accrues and authorizes a court to void the election results, as specified.This bill would, among other things, authorize the civil action to be brought in Superior Court or, if the amount of the demand does not exceed the jurisdictional amount of the small claims court, in small claims court, within one year from the date that the inspector of elections notifies the board and membership of the election results, whichever is later. The bill would also require the court to void the elections results, as specified, unless the association establishes that the failure of the association to follow this article or the election operating rules was unintentional and did not affect the results of the election. The bill would also prohibit an association from filing a civil action regarding a dispute in which the member has requested dispute resolution unless the association has complied with provisions of existing law regarding dispute resolution.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO
Amended IN Senate April 02, 2018
Amended IN Senate April 02, 2018
CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION
Senate Bill No. 1265
Introduced by Senator WieckowskiFebruary 15, 2018
Introduced by Senator Wieckowski
February 15, 2018
An act to amend Sections 5105 and 5125 of 5105, 5110, 5125, 5145, and 5930 of, and to add Sections 4801 and 5910.1 to, the Civil Code, relating to common interest developments.
LEGISLATIVE COUNSEL'S DIGEST
## LEGISLATIVE COUNSEL'S DIGEST
SB 1265, as amended, Wieckowski. Common interest developments: elections.
The Davis-Stirling Common Interest Development Act governs the creation and management of common interest developments. The act requires a homeowners association to adopt rules that, among other things, specify the qualifications for candidates for the board of directors of the association and any other elected position, qualifications for voting, the voting power of each membership, the authenticity, validity, and effect of proxies, and the voting period for elections, including the times at which polls will open and close, consistent with the governing documents. The act requires the sealed ballots to be at all times in the custody of the inspector or inspectors of elections or at a designated location until after the tabulation of the vote.This bill would delete the requirement that the rules specify the qualifications for candidates for the board and any other elected position and the qualifications for voting. The bill would prohibit a rule that specifies procedures for the nomination of candidates from being deemed reasonable if it disallows a member from being nominated for any reason other than not being a member at the time of the nomination. The bill would require the rules to ensure that the meeting at which ballots are counted is accessible to seniors and persons with disabilities. The bill would also require the rules to require a notice to be provided regarding the return and counting of ballots, nominations, and list of candidates names that will appear on the ballot. The bill would require the rules to mandate that the inspector of elections deliver to each member the ballots and a copy of the election operating rules at least 30 days before an election. The bill would require these rules to prohibit the denial of a ballot to a member and to a person with power of attorney for an owner. This bill would require the signed voter envelopes envelopes, voter list, and nominee candidate registration list to be in the custody of the inspector of elections or at a designated location until after vote tabulation. tabulation and would require these items and the ballots to be considered association records subject to inspection and copying.Existing law requires an independent 3rd party to be selected by the association as the inspector of elections and prohibits a person, business entity, or subdivision of a business entity that is employed or under contract to the association for any compensable services from being an independent 3rd party unless otherwise expressly authorized by the rules of the association.This bill would delete the exception made by rules of the association.Existing law authorizes a member of an association to bring a civil action for declaratory or equitable relief for a violation of the above described provisions by the association within one year from the date the cause of action accrues and authorizes a court to void the election results, as specified.This bill would, among other things, authorize the civil action to be brought in Superior Court or, if the amount of the demand does not exceed the jurisdictional amount of the small claims court, in small claims court, within one year from the date that the inspector of elections notifies the board and membership of the election results, whichever is later. The bill would also require the court to void the elections results, as specified, unless the association establishes that the failure of the association to follow this article or the election operating rules was unintentional and did not affect the results of the election. The bill would also prohibit an association from filing a civil action regarding a dispute in which the member has requested dispute resolution unless the association has complied with provisions of existing law regarding dispute resolution.
The Davis-Stirling Common Interest Development Act governs the creation and management of common interest developments. The act requires a homeowners association to adopt rules that, among other things, specify the qualifications for candidates for the board of directors of the association and any other elected position, qualifications for voting, the voting power of each membership, the authenticity, validity, and effect of proxies, and the voting period for elections, including the times at which polls will open and close, consistent with the governing documents. The act requires the sealed ballots to be at all times in the custody of the inspector or inspectors of elections or at a designated location until after the tabulation of the vote.
This bill would delete the requirement that the rules specify the qualifications for candidates for the board and any other elected position and the qualifications for voting. The bill would prohibit a rule that specifies procedures for the nomination of candidates from being deemed reasonable if it disallows a member from being nominated for any reason other than not being a member at the time of the nomination. The bill would require the rules to ensure that the meeting at which ballots are counted is accessible to seniors and persons with disabilities. The bill would also require the rules to require a notice to be provided regarding the return and counting of ballots, nominations, and list of candidates names that will appear on the ballot. The bill would require the rules to mandate that the inspector of elections deliver to each member the ballots and a copy of the election operating rules at least 30 days before an election. The bill would require these rules to prohibit the denial of a ballot to a member and to a person with power of attorney for an owner. This bill would require the signed voter envelopes envelopes, voter list, and nominee candidate registration list to be in the custody of the inspector of elections or at a designated location until after vote tabulation. tabulation and would require these items and the ballots to be considered association records subject to inspection and copying.
Existing law requires an independent 3rd party to be selected by the association as the inspector of elections and prohibits a person, business entity, or subdivision of a business entity that is employed or under contract to the association for any compensable services from being an independent 3rd party unless otherwise expressly authorized by the rules of the association.
This bill would delete the exception made by rules of the association.
Existing law authorizes a member of an association to bring a civil action for declaratory or equitable relief for a violation of the above described provisions by the association within one year from the date the cause of action accrues and authorizes a court to void the election results, as specified.
This bill would, among other things, authorize the civil action to be brought in Superior Court or, if the amount of the demand does not exceed the jurisdictional amount of the small claims court, in small claims court, within one year from the date that the inspector of elections notifies the board and membership of the election results, whichever is later. The bill would also require the court to void the elections results, as specified, unless the association establishes that the failure of the association to follow this article or the election operating rules was unintentional and did not affect the results of the election. The bill would also prohibit an association from filing a civil action regarding a dispute in which the member has requested dispute resolution unless the association has complied with provisions of existing law regarding dispute resolution.
## Digest Key
## Bill Text
The people of the State of California do enact as follows:SECTION 1. Section 4801 is added to the Civil Code, to read:4801. The Legislature hereby finds and declares both of the following:(a) Common interest developments function as quasi-governmental entities, paralleling in almost every way the powers, duties, and responsibilities of a local government.(b) As a result, it is the intent of the Legislature for this chapter to ensure that democratic principles and practices are in place with respect to the governance of common interest developments.SECTION 1.It is the intent of the Legislature to ensure that democratic principles and practices are in place during common interest development elections because common interest development associations function as quasi-governmental entities, paralleling in almost every way the powers, duties, and responsibilities of a municipal government.SEC. 2. Section 5105 of the Civil Code is amended to read:5105. (a) An association shall adopt rules, at least 90 days before any election, in accordance with the procedures prescribed by Article 5 (commencing with Section 4340) of Chapter 3, that do all of the following:(1) Ensure that if any candidate or member advocating a point of view is provided access to association media, newsletters, or Internet Web sites during a campaign, for purposes that are reasonably related to that election, equal access shall be provided to all candidates and members advocating a point of view, including those not endorsed by the board, for purposes that are reasonably related to the election. The association shall not edit or redact any content from these communications, but may include a statement specifying that the candidate or member, and not the association, is responsible for that content.(2) Ensure access to the common area meeting space, if any exists, during a campaign, at no cost, to all candidates, including those who are not incumbents, and to all members advocating a point of view, including those not endorsed by the board, for purposes reasonably related to the election.(3) Specify the procedures for the nomination of candidates, consistent with the governing documents. A nomination or election procedure shall not be deemed reasonable if it disallows any member from nominating himself or herself for election or if it disallows a member from being nominated for any reason other than not being a member at the time of the nomination.(4) Specify the voting power of each membership, the authenticity, validity, and effect of proxies, and the voting period for elections, including the times at which polls will open and close, consistent with the governing documents.(5) Specify a method of selecting one or three independent third parties as inspector or inspectors of elections utilizing one of the following methods:(A) Appointment of the inspector or inspectors by the board.(B) Election of the inspector or inspectors by the members of the association.(C) Any other method for selecting the inspector or inspectors.(6) Allow the inspector or inspectors to appoint and oversee additional persons to verify signatures and to count and tabulate votes as the inspector or inspectors deem appropriate, provided that the persons are independent third parties.(7) Ensure that the meeting at which ballots are counted is accessible to seniors and persons with disabilities.(8) Require notice to be provided of all of the following:(A) The date and time by which, and the physical address where, ballots are to be returned by mail or handed to the inspector or inspectors of elections.(B) The date and location of the meeting at which ballots will be counted.(C) The procedure and deadline for submitting a nomination, which shall be provided at least 30 days before that deadline.(D) The list of all candidates names that will appear on the ballot, which shall be provided at least 30 days before the ballots are distributed.(E) The list of all voters by either name or parcel number, and voting power.(9) Require any errors or omissions to the list of candidates names or list of voters to be immediately reported to the inspector or inspectors and require necessary corrections to be made within two business days.(b) Notwithstanding any other provision of law, the rules adopted pursuant to this section may provide for the nomination of candidates from the floor of membership meetings or nomination by any other manner. Those rules may permit write-in candidates for ballots.(c) Notwithstanding any other provision of law, the rules adopted pursuant to this section shall do all of the following:(1) Prohibit the denial of a ballot to a member for any reason other than not being a member at the time when ballots are distributed.(2) Prohibit the denial of a ballot to a person with power of attorney for a member.(3) Require the ballot of a person with power of attorney for a member to be counted if returned in a timely manner.(4) Require the inspector or inspectors of elections to deliver, or cause to be delivered, at least 30 days before an election, to each member both of the following documents:(A) A copy of the election operating rules.(B) The ballot or ballots.SEC. 3. Section 5110 of the Civil Code is amended to read:5110. (a) The association shall select an independent third party or parties as an inspector of elections. The number of inspectors of elections shall be one or three.(b) For the purposes of this section, an independent third party includes, but is not limited to, a volunteer poll worker with the county registrar of voters, a licensee of the California Board of Accountancy, or a notary public. An independent third party may be a member, but may not be a director or a candidate for director or be related to a director or to a candidate for director. An independent third party may not be a person, business entity, or subdivision of a business entity who is currently employed or under contract to the association for any compensable services unless expressly authorized by rules of the association adopted pursuant to paragraph (5) of subdivision (a) of Section 5105. services.(c) The inspector or inspectors of elections shall do all of the following:(1) Determine the number of memberships entitled to vote and the voting power of each.(2) Determine the authenticity, validity, and effect of proxies, if any.(3) Receive ballots.(4) Hear and determine all challenges and questions in any way arising out of or in connection with the right to vote.(5) Count and tabulate all votes.(6) Determine when the polls shall close, consistent with the governing documents.(7) Determine the tabulated results of the election.(8) Perform any acts as may be proper to conduct the election with fairness to all members in accordance with this article, the Corporations Code, and all applicable rules of the association regarding the conduct of the election that are not in conflict with this article.(d) An inspector of elections shall perform all duties impartially, in good faith, to the best of the inspector of elections ability, and as expeditiously as is practical. If there are three inspectors of elections, the decision or act of a majority shall be effective in all respects as the decision or act of all. Any report made by the inspector or inspectors of elections is prima facie evidence of the facts stated in the report.SEC. 3.SEC. 4. Section 5125 of the Civil Code is amended to read:5125. (a) The sealed ballots, signed voter envelopes, voter list, and nominee candidate registration list shall at all times be in the custody of the inspector or inspectors of elections or at a location designated by the inspector or inspectors until after the tabulation of the vote, and until the time allowed by Section 5145 for challenging the election has expired, at which time custody shall be transferred to the association. If there is a recount or other challenge to the election process, the inspector or inspectors of elections shall, upon written request, make the ballots available for inspection and review by an association member or the members authorized representative. Any recount shall be conducted in a manner that preserves the confidentiality of the vote.(b) Notwithstanding Section 5200, ballots, signed voter envelopes, voter list, and candidate registration list shall be association records subject to inspection and copying by a member.SEC. 5. Section 5145 of the Civil Code is amended to read:5145. (a) A member of an association may bring a civil action for declaratory or equitable relief for a violation of this article by the association, including, but not limited to, injunctive relief, restitution, or a combination thereof, within one year of the date the cause of action accrues. that the inspector or inspectors of elections notifies the board and membership of the election results or the cause of action accrues, whichever is later. Upon a finding that the election procedures of this article, or the adoption of and the adherence to rules provided by Article 5 (commencing with Section 4340) of Chapter 3, were not followed, a court may shall void any the results of the election. election, unless the association establishes, by clear and convincing evidence, that the failure of the association to follow this article or the election operating rules was unintentional and did not affect the results of the election. The findings of the court shall be stated in writing as part of the record.(b) A member who prevails in a civil action to enforce the members rights pursuant to this article shall be entitled to reasonable attorneys fees and court costs, and the court may impose a civil penalty of up to five hundred dollars ($500) for each violation, except that each identical violation shall be subject to only one penalty if the violation affects each member of the association equally. A prevailing association shall not recover any costs, unless the court finds the action to be frivolous, unreasonable, or without foundation. If a member prevails in a civil action brought in small claims court, the member shall be awarded court costs and reasonable attorneys fees incurred for consulting an attorney in connection with this civil action.(c) A cause of action under Sections 5100 to 5130, inclusive, with respect to access to association resources by a candidate or member advocating a point of view, the receipt of a ballot by a member, or the counting, tabulation, or reporting of, or access to, ballots for inspection and review after tabulation may be brought in small claims court if the amount of the demand does not exceed the jurisdiction of that court. subdivision (a) may be brought in either the Superior Court or, if the amount of the demand does not exceed the jurisdictional amount of the small claims court, in small claims court.SEC. 6. Section 5910.1 is added to the Civil Code, to read:5910.1. An association may not file a civil action regarding a dispute in which the member has requested dispute resolution unless the association has complied with Section 5910.SEC. 7. Section 5930 of the Civil Code is amended to read:5930. (a) An association or a member may not file an enforcement action in the superior court unless the parties have endeavored to submit their dispute to alternative dispute resolution pursuant to this article.(b) This section applies only to an enforcement action that is solely for declaratory, injunctive, or writ relief, or for that relief in conjunction with a claim for monetary damages not in excess of the jurisdictional limits stated in Sections 116.220 and 116.221 of the Code of Civil Procedure.(c) This section does not apply to a small claims action.(d)Except as otherwise provided by law, this section does not apply to an assessment dispute.
The people of the State of California do enact as follows:
## The people of the State of California do enact as follows:
SECTION 1. Section 4801 is added to the Civil Code, to read:4801. The Legislature hereby finds and declares both of the following:(a) Common interest developments function as quasi-governmental entities, paralleling in almost every way the powers, duties, and responsibilities of a local government.(b) As a result, it is the intent of the Legislature for this chapter to ensure that democratic principles and practices are in place with respect to the governance of common interest developments.
SECTION 1. Section 4801 is added to the Civil Code, to read:
### SECTION 1.
4801. The Legislature hereby finds and declares both of the following:(a) Common interest developments function as quasi-governmental entities, paralleling in almost every way the powers, duties, and responsibilities of a local government.(b) As a result, it is the intent of the Legislature for this chapter to ensure that democratic principles and practices are in place with respect to the governance of common interest developments.
4801. The Legislature hereby finds and declares both of the following:(a) Common interest developments function as quasi-governmental entities, paralleling in almost every way the powers, duties, and responsibilities of a local government.(b) As a result, it is the intent of the Legislature for this chapter to ensure that democratic principles and practices are in place with respect to the governance of common interest developments.
4801. The Legislature hereby finds and declares both of the following:(a) Common interest developments function as quasi-governmental entities, paralleling in almost every way the powers, duties, and responsibilities of a local government.(b) As a result, it is the intent of the Legislature for this chapter to ensure that democratic principles and practices are in place with respect to the governance of common interest developments.
4801. The Legislature hereby finds and declares both of the following:
(a) Common interest developments function as quasi-governmental entities, paralleling in almost every way the powers, duties, and responsibilities of a local government.
(b) As a result, it is the intent of the Legislature for this chapter to ensure that democratic principles and practices are in place with respect to the governance of common interest developments.
It is the intent of the Legislature to ensure that democratic principles and practices are in place during common interest development elections because common interest development associations function as quasi-governmental entities, paralleling in almost every way the powers, duties, and responsibilities of a municipal government.
SEC. 2. Section 5105 of the Civil Code is amended to read:5105. (a) An association shall adopt rules, at least 90 days before any election, in accordance with the procedures prescribed by Article 5 (commencing with Section 4340) of Chapter 3, that do all of the following:(1) Ensure that if any candidate or member advocating a point of view is provided access to association media, newsletters, or Internet Web sites during a campaign, for purposes that are reasonably related to that election, equal access shall be provided to all candidates and members advocating a point of view, including those not endorsed by the board, for purposes that are reasonably related to the election. The association shall not edit or redact any content from these communications, but may include a statement specifying that the candidate or member, and not the association, is responsible for that content.(2) Ensure access to the common area meeting space, if any exists, during a campaign, at no cost, to all candidates, including those who are not incumbents, and to all members advocating a point of view, including those not endorsed by the board, for purposes reasonably related to the election.(3) Specify the procedures for the nomination of candidates, consistent with the governing documents. A nomination or election procedure shall not be deemed reasonable if it disallows any member from nominating himself or herself for election or if it disallows a member from being nominated for any reason other than not being a member at the time of the nomination.(4) Specify the voting power of each membership, the authenticity, validity, and effect of proxies, and the voting period for elections, including the times at which polls will open and close, consistent with the governing documents.(5) Specify a method of selecting one or three independent third parties as inspector or inspectors of elections utilizing one of the following methods:(A) Appointment of the inspector or inspectors by the board.(B) Election of the inspector or inspectors by the members of the association.(C) Any other method for selecting the inspector or inspectors.(6) Allow the inspector or inspectors to appoint and oversee additional persons to verify signatures and to count and tabulate votes as the inspector or inspectors deem appropriate, provided that the persons are independent third parties.(7) Ensure that the meeting at which ballots are counted is accessible to seniors and persons with disabilities.(8) Require notice to be provided of all of the following:(A) The date and time by which, and the physical address where, ballots are to be returned by mail or handed to the inspector or inspectors of elections.(B) The date and location of the meeting at which ballots will be counted.(C) The procedure and deadline for submitting a nomination, which shall be provided at least 30 days before that deadline.(D) The list of all candidates names that will appear on the ballot, which shall be provided at least 30 days before the ballots are distributed.(E) The list of all voters by either name or parcel number, and voting power.(9) Require any errors or omissions to the list of candidates names or list of voters to be immediately reported to the inspector or inspectors and require necessary corrections to be made within two business days.(b) Notwithstanding any other provision of law, the rules adopted pursuant to this section may provide for the nomination of candidates from the floor of membership meetings or nomination by any other manner. Those rules may permit write-in candidates for ballots.(c) Notwithstanding any other provision of law, the rules adopted pursuant to this section shall do all of the following:(1) Prohibit the denial of a ballot to a member for any reason other than not being a member at the time when ballots are distributed.(2) Prohibit the denial of a ballot to a person with power of attorney for a member.(3) Require the ballot of a person with power of attorney for a member to be counted if returned in a timely manner.(4) Require the inspector or inspectors of elections to deliver, or cause to be delivered, at least 30 days before an election, to each member both of the following documents:(A) A copy of the election operating rules.(B) The ballot or ballots.
SEC. 2. Section 5105 of the Civil Code is amended to read:
### SEC. 2.
5105. (a) An association shall adopt rules, at least 90 days before any election, in accordance with the procedures prescribed by Article 5 (commencing with Section 4340) of Chapter 3, that do all of the following:(1) Ensure that if any candidate or member advocating a point of view is provided access to association media, newsletters, or Internet Web sites during a campaign, for purposes that are reasonably related to that election, equal access shall be provided to all candidates and members advocating a point of view, including those not endorsed by the board, for purposes that are reasonably related to the election. The association shall not edit or redact any content from these communications, but may include a statement specifying that the candidate or member, and not the association, is responsible for that content.(2) Ensure access to the common area meeting space, if any exists, during a campaign, at no cost, to all candidates, including those who are not incumbents, and to all members advocating a point of view, including those not endorsed by the board, for purposes reasonably related to the election.(3) Specify the procedures for the nomination of candidates, consistent with the governing documents. A nomination or election procedure shall not be deemed reasonable if it disallows any member from nominating himself or herself for election or if it disallows a member from being nominated for any reason other than not being a member at the time of the nomination.(4) Specify the voting power of each membership, the authenticity, validity, and effect of proxies, and the voting period for elections, including the times at which polls will open and close, consistent with the governing documents.(5) Specify a method of selecting one or three independent third parties as inspector or inspectors of elections utilizing one of the following methods:(A) Appointment of the inspector or inspectors by the board.(B) Election of the inspector or inspectors by the members of the association.(C) Any other method for selecting the inspector or inspectors.(6) Allow the inspector or inspectors to appoint and oversee additional persons to verify signatures and to count and tabulate votes as the inspector or inspectors deem appropriate, provided that the persons are independent third parties.(7) Ensure that the meeting at which ballots are counted is accessible to seniors and persons with disabilities.(8) Require notice to be provided of all of the following:(A) The date and time by which, and the physical address where, ballots are to be returned by mail or handed to the inspector or inspectors of elections.(B) The date and location of the meeting at which ballots will be counted.(C) The procedure and deadline for submitting a nomination, which shall be provided at least 30 days before that deadline.(D) The list of all candidates names that will appear on the ballot, which shall be provided at least 30 days before the ballots are distributed.(E) The list of all voters by either name or parcel number, and voting power.(9) Require any errors or omissions to the list of candidates names or list of voters to be immediately reported to the inspector or inspectors and require necessary corrections to be made within two business days.(b) Notwithstanding any other provision of law, the rules adopted pursuant to this section may provide for the nomination of candidates from the floor of membership meetings or nomination by any other manner. Those rules may permit write-in candidates for ballots.(c) Notwithstanding any other provision of law, the rules adopted pursuant to this section shall do all of the following:(1) Prohibit the denial of a ballot to a member for any reason other than not being a member at the time when ballots are distributed.(2) Prohibit the denial of a ballot to a person with power of attorney for a member.(3) Require the ballot of a person with power of attorney for a member to be counted if returned in a timely manner.(4) Require the inspector or inspectors of elections to deliver, or cause to be delivered, at least 30 days before an election, to each member both of the following documents:(A) A copy of the election operating rules.(B) The ballot or ballots.
5105. (a) An association shall adopt rules, at least 90 days before any election, in accordance with the procedures prescribed by Article 5 (commencing with Section 4340) of Chapter 3, that do all of the following:(1) Ensure that if any candidate or member advocating a point of view is provided access to association media, newsletters, or Internet Web sites during a campaign, for purposes that are reasonably related to that election, equal access shall be provided to all candidates and members advocating a point of view, including those not endorsed by the board, for purposes that are reasonably related to the election. The association shall not edit or redact any content from these communications, but may include a statement specifying that the candidate or member, and not the association, is responsible for that content.(2) Ensure access to the common area meeting space, if any exists, during a campaign, at no cost, to all candidates, including those who are not incumbents, and to all members advocating a point of view, including those not endorsed by the board, for purposes reasonably related to the election.(3) Specify the procedures for the nomination of candidates, consistent with the governing documents. A nomination or election procedure shall not be deemed reasonable if it disallows any member from nominating himself or herself for election or if it disallows a member from being nominated for any reason other than not being a member at the time of the nomination.(4) Specify the voting power of each membership, the authenticity, validity, and effect of proxies, and the voting period for elections, including the times at which polls will open and close, consistent with the governing documents.(5) Specify a method of selecting one or three independent third parties as inspector or inspectors of elections utilizing one of the following methods:(A) Appointment of the inspector or inspectors by the board.(B) Election of the inspector or inspectors by the members of the association.(C) Any other method for selecting the inspector or inspectors.(6) Allow the inspector or inspectors to appoint and oversee additional persons to verify signatures and to count and tabulate votes as the inspector or inspectors deem appropriate, provided that the persons are independent third parties.(7) Ensure that the meeting at which ballots are counted is accessible to seniors and persons with disabilities.(8) Require notice to be provided of all of the following:(A) The date and time by which, and the physical address where, ballots are to be returned by mail or handed to the inspector or inspectors of elections.(B) The date and location of the meeting at which ballots will be counted.(C) The procedure and deadline for submitting a nomination, which shall be provided at least 30 days before that deadline.(D) The list of all candidates names that will appear on the ballot, which shall be provided at least 30 days before the ballots are distributed.(E) The list of all voters by either name or parcel number, and voting power.(9) Require any errors or omissions to the list of candidates names or list of voters to be immediately reported to the inspector or inspectors and require necessary corrections to be made within two business days.(b) Notwithstanding any other provision of law, the rules adopted pursuant to this section may provide for the nomination of candidates from the floor of membership meetings or nomination by any other manner. Those rules may permit write-in candidates for ballots.(c) Notwithstanding any other provision of law, the rules adopted pursuant to this section shall do all of the following:(1) Prohibit the denial of a ballot to a member for any reason other than not being a member at the time when ballots are distributed.(2) Prohibit the denial of a ballot to a person with power of attorney for a member.(3) Require the ballot of a person with power of attorney for a member to be counted if returned in a timely manner.(4) Require the inspector or inspectors of elections to deliver, or cause to be delivered, at least 30 days before an election, to each member both of the following documents:(A) A copy of the election operating rules.(B) The ballot or ballots.
5105. (a) An association shall adopt rules, at least 90 days before any election, in accordance with the procedures prescribed by Article 5 (commencing with Section 4340) of Chapter 3, that do all of the following:(1) Ensure that if any candidate or member advocating a point of view is provided access to association media, newsletters, or Internet Web sites during a campaign, for purposes that are reasonably related to that election, equal access shall be provided to all candidates and members advocating a point of view, including those not endorsed by the board, for purposes that are reasonably related to the election. The association shall not edit or redact any content from these communications, but may include a statement specifying that the candidate or member, and not the association, is responsible for that content.(2) Ensure access to the common area meeting space, if any exists, during a campaign, at no cost, to all candidates, including those who are not incumbents, and to all members advocating a point of view, including those not endorsed by the board, for purposes reasonably related to the election.(3) Specify the procedures for the nomination of candidates, consistent with the governing documents. A nomination or election procedure shall not be deemed reasonable if it disallows any member from nominating himself or herself for election or if it disallows a member from being nominated for any reason other than not being a member at the time of the nomination.(4) Specify the voting power of each membership, the authenticity, validity, and effect of proxies, and the voting period for elections, including the times at which polls will open and close, consistent with the governing documents.(5) Specify a method of selecting one or three independent third parties as inspector or inspectors of elections utilizing one of the following methods:(A) Appointment of the inspector or inspectors by the board.(B) Election of the inspector or inspectors by the members of the association.(C) Any other method for selecting the inspector or inspectors.(6) Allow the inspector or inspectors to appoint and oversee additional persons to verify signatures and to count and tabulate votes as the inspector or inspectors deem appropriate, provided that the persons are independent third parties.(7) Ensure that the meeting at which ballots are counted is accessible to seniors and persons with disabilities.(8) Require notice to be provided of all of the following:(A) The date and time by which, and the physical address where, ballots are to be returned by mail or handed to the inspector or inspectors of elections.(B) The date and location of the meeting at which ballots will be counted.(C) The procedure and deadline for submitting a nomination, which shall be provided at least 30 days before that deadline.(D) The list of all candidates names that will appear on the ballot, which shall be provided at least 30 days before the ballots are distributed.(E) The list of all voters by either name or parcel number, and voting power.(9) Require any errors or omissions to the list of candidates names or list of voters to be immediately reported to the inspector or inspectors and require necessary corrections to be made within two business days.(b) Notwithstanding any other provision of law, the rules adopted pursuant to this section may provide for the nomination of candidates from the floor of membership meetings or nomination by any other manner. Those rules may permit write-in candidates for ballots.(c) Notwithstanding any other provision of law, the rules adopted pursuant to this section shall do all of the following:(1) Prohibit the denial of a ballot to a member for any reason other than not being a member at the time when ballots are distributed.(2) Prohibit the denial of a ballot to a person with power of attorney for a member.(3) Require the ballot of a person with power of attorney for a member to be counted if returned in a timely manner.(4) Require the inspector or inspectors of elections to deliver, or cause to be delivered, at least 30 days before an election, to each member both of the following documents:(A) A copy of the election operating rules.(B) The ballot or ballots.
5105. (a) An association shall adopt rules, at least 90 days before any election, in accordance with the procedures prescribed by Article 5 (commencing with Section 4340) of Chapter 3, that do all of the following:
(1) Ensure that if any candidate or member advocating a point of view is provided access to association media, newsletters, or Internet Web sites during a campaign, for purposes that are reasonably related to that election, equal access shall be provided to all candidates and members advocating a point of view, including those not endorsed by the board, for purposes that are reasonably related to the election. The association shall not edit or redact any content from these communications, but may include a statement specifying that the candidate or member, and not the association, is responsible for that content.
(2) Ensure access to the common area meeting space, if any exists, during a campaign, at no cost, to all candidates, including those who are not incumbents, and to all members advocating a point of view, including those not endorsed by the board, for purposes reasonably related to the election.
(3) Specify the procedures for the nomination of candidates, consistent with the governing documents. A nomination or election procedure shall not be deemed reasonable if it disallows any member from nominating himself or herself for election or if it disallows a member from being nominated for any reason other than not being a member at the time of the nomination.
(4) Specify the voting power of each membership, the authenticity, validity, and effect of proxies, and the voting period for elections, including the times at which polls will open and close, consistent with the governing documents.
(5) Specify a method of selecting one or three independent third parties as inspector or inspectors of elections utilizing one of the following methods:
(A) Appointment of the inspector or inspectors by the board.
(B) Election of the inspector or inspectors by the members of the association.
(C) Any other method for selecting the inspector or inspectors.
(6) Allow the inspector or inspectors to appoint and oversee additional persons to verify signatures and to count and tabulate votes as the inspector or inspectors deem appropriate, provided that the persons are independent third parties.
(7) Ensure that the meeting at which ballots are counted is accessible to seniors and persons with disabilities.
(8) Require notice to be provided of all of the following:
(A) The date and time by which, and the physical address where, ballots are to be returned by mail or handed to the inspector or inspectors of elections.
(B) The date and location of the meeting at which ballots will be counted.
(C) The procedure and deadline for submitting a nomination, which shall be provided at least 30 days before that deadline.
(D) The list of all candidates names that will appear on the ballot, which shall be provided at least 30 days before the ballots are distributed.
(E) The list of all voters by either name or parcel number, and voting power.
(9) Require any errors or omissions to the list of candidates names or list of voters to be immediately reported to the inspector or inspectors and require necessary corrections to be made within two business days.
(b) Notwithstanding any other provision of law, the rules adopted pursuant to this section may provide for the nomination of candidates from the floor of membership meetings or nomination by any other manner. Those rules may permit write-in candidates for ballots.
(c) Notwithstanding any other provision of law, the rules adopted pursuant to this section shall do all of the following:
(1) Prohibit the denial of a ballot to a member for any reason other than not being a member at the time when ballots are distributed.
(2) Prohibit the denial of a ballot to a person with power of attorney for a member.
(3) Require the ballot of a person with power of attorney for a member to be counted if returned in a timely manner.
(4) Require the inspector or inspectors of elections to deliver, or cause to be delivered, at least 30 days before an election, to each member both of the following documents:
(A) A copy of the election operating rules.
(B) The ballot or ballots.
SEC. 3. Section 5110 of the Civil Code is amended to read:5110. (a) The association shall select an independent third party or parties as an inspector of elections. The number of inspectors of elections shall be one or three.(b) For the purposes of this section, an independent third party includes, but is not limited to, a volunteer poll worker with the county registrar of voters, a licensee of the California Board of Accountancy, or a notary public. An independent third party may be a member, but may not be a director or a candidate for director or be related to a director or to a candidate for director. An independent third party may not be a person, business entity, or subdivision of a business entity who is currently employed or under contract to the association for any compensable services unless expressly authorized by rules of the association adopted pursuant to paragraph (5) of subdivision (a) of Section 5105. services.(c) The inspector or inspectors of elections shall do all of the following:(1) Determine the number of memberships entitled to vote and the voting power of each.(2) Determine the authenticity, validity, and effect of proxies, if any.(3) Receive ballots.(4) Hear and determine all challenges and questions in any way arising out of or in connection with the right to vote.(5) Count and tabulate all votes.(6) Determine when the polls shall close, consistent with the governing documents.(7) Determine the tabulated results of the election.(8) Perform any acts as may be proper to conduct the election with fairness to all members in accordance with this article, the Corporations Code, and all applicable rules of the association regarding the conduct of the election that are not in conflict with this article.(d) An inspector of elections shall perform all duties impartially, in good faith, to the best of the inspector of elections ability, and as expeditiously as is practical. If there are three inspectors of elections, the decision or act of a majority shall be effective in all respects as the decision or act of all. Any report made by the inspector or inspectors of elections is prima facie evidence of the facts stated in the report.
SEC. 3. Section 5110 of the Civil Code is amended to read:
### SEC. 3.
5110. (a) The association shall select an independent third party or parties as an inspector of elections. The number of inspectors of elections shall be one or three.(b) For the purposes of this section, an independent third party includes, but is not limited to, a volunteer poll worker with the county registrar of voters, a licensee of the California Board of Accountancy, or a notary public. An independent third party may be a member, but may not be a director or a candidate for director or be related to a director or to a candidate for director. An independent third party may not be a person, business entity, or subdivision of a business entity who is currently employed or under contract to the association for any compensable services unless expressly authorized by rules of the association adopted pursuant to paragraph (5) of subdivision (a) of Section 5105. services.(c) The inspector or inspectors of elections shall do all of the following:(1) Determine the number of memberships entitled to vote and the voting power of each.(2) Determine the authenticity, validity, and effect of proxies, if any.(3) Receive ballots.(4) Hear and determine all challenges and questions in any way arising out of or in connection with the right to vote.(5) Count and tabulate all votes.(6) Determine when the polls shall close, consistent with the governing documents.(7) Determine the tabulated results of the election.(8) Perform any acts as may be proper to conduct the election with fairness to all members in accordance with this article, the Corporations Code, and all applicable rules of the association regarding the conduct of the election that are not in conflict with this article.(d) An inspector of elections shall perform all duties impartially, in good faith, to the best of the inspector of elections ability, and as expeditiously as is practical. If there are three inspectors of elections, the decision or act of a majority shall be effective in all respects as the decision or act of all. Any report made by the inspector or inspectors of elections is prima facie evidence of the facts stated in the report.
5110. (a) The association shall select an independent third party or parties as an inspector of elections. The number of inspectors of elections shall be one or three.(b) For the purposes of this section, an independent third party includes, but is not limited to, a volunteer poll worker with the county registrar of voters, a licensee of the California Board of Accountancy, or a notary public. An independent third party may be a member, but may not be a director or a candidate for director or be related to a director or to a candidate for director. An independent third party may not be a person, business entity, or subdivision of a business entity who is currently employed or under contract to the association for any compensable services unless expressly authorized by rules of the association adopted pursuant to paragraph (5) of subdivision (a) of Section 5105. services.(c) The inspector or inspectors of elections shall do all of the following:(1) Determine the number of memberships entitled to vote and the voting power of each.(2) Determine the authenticity, validity, and effect of proxies, if any.(3) Receive ballots.(4) Hear and determine all challenges and questions in any way arising out of or in connection with the right to vote.(5) Count and tabulate all votes.(6) Determine when the polls shall close, consistent with the governing documents.(7) Determine the tabulated results of the election.(8) Perform any acts as may be proper to conduct the election with fairness to all members in accordance with this article, the Corporations Code, and all applicable rules of the association regarding the conduct of the election that are not in conflict with this article.(d) An inspector of elections shall perform all duties impartially, in good faith, to the best of the inspector of elections ability, and as expeditiously as is practical. If there are three inspectors of elections, the decision or act of a majority shall be effective in all respects as the decision or act of all. Any report made by the inspector or inspectors of elections is prima facie evidence of the facts stated in the report.
5110. (a) The association shall select an independent third party or parties as an inspector of elections. The number of inspectors of elections shall be one or three.(b) For the purposes of this section, an independent third party includes, but is not limited to, a volunteer poll worker with the county registrar of voters, a licensee of the California Board of Accountancy, or a notary public. An independent third party may be a member, but may not be a director or a candidate for director or be related to a director or to a candidate for director. An independent third party may not be a person, business entity, or subdivision of a business entity who is currently employed or under contract to the association for any compensable services unless expressly authorized by rules of the association adopted pursuant to paragraph (5) of subdivision (a) of Section 5105. services.(c) The inspector or inspectors of elections shall do all of the following:(1) Determine the number of memberships entitled to vote and the voting power of each.(2) Determine the authenticity, validity, and effect of proxies, if any.(3) Receive ballots.(4) Hear and determine all challenges and questions in any way arising out of or in connection with the right to vote.(5) Count and tabulate all votes.(6) Determine when the polls shall close, consistent with the governing documents.(7) Determine the tabulated results of the election.(8) Perform any acts as may be proper to conduct the election with fairness to all members in accordance with this article, the Corporations Code, and all applicable rules of the association regarding the conduct of the election that are not in conflict with this article.(d) An inspector of elections shall perform all duties impartially, in good faith, to the best of the inspector of elections ability, and as expeditiously as is practical. If there are three inspectors of elections, the decision or act of a majority shall be effective in all respects as the decision or act of all. Any report made by the inspector or inspectors of elections is prima facie evidence of the facts stated in the report.
5110. (a) The association shall select an independent third party or parties as an inspector of elections. The number of inspectors of elections shall be one or three.
(b) For the purposes of this section, an independent third party includes, but is not limited to, a volunteer poll worker with the county registrar of voters, a licensee of the California Board of Accountancy, or a notary public. An independent third party may be a member, but may not be a director or a candidate for director or be related to a director or to a candidate for director. An independent third party may not be a person, business entity, or subdivision of a business entity who is currently employed or under contract to the association for any compensable services unless expressly authorized by rules of the association adopted pursuant to paragraph (5) of subdivision (a) of Section 5105. services.
(c) The inspector or inspectors of elections shall do all of the following:
(1) Determine the number of memberships entitled to vote and the voting power of each.
(2) Determine the authenticity, validity, and effect of proxies, if any.
(3) Receive ballots.
(4) Hear and determine all challenges and questions in any way arising out of or in connection with the right to vote.
(5) Count and tabulate all votes.
(6) Determine when the polls shall close, consistent with the governing documents.
(7) Determine the tabulated results of the election.
(8) Perform any acts as may be proper to conduct the election with fairness to all members in accordance with this article, the Corporations Code, and all applicable rules of the association regarding the conduct of the election that are not in conflict with this article.
(d) An inspector of elections shall perform all duties impartially, in good faith, to the best of the inspector of elections ability, and as expeditiously as is practical. If there are three inspectors of elections, the decision or act of a majority shall be effective in all respects as the decision or act of all. Any report made by the inspector or inspectors of elections is prima facie evidence of the facts stated in the report.
SEC. 3.SEC. 4. Section 5125 of the Civil Code is amended to read:5125. (a) The sealed ballots, signed voter envelopes, voter list, and nominee candidate registration list shall at all times be in the custody of the inspector or inspectors of elections or at a location designated by the inspector or inspectors until after the tabulation of the vote, and until the time allowed by Section 5145 for challenging the election has expired, at which time custody shall be transferred to the association. If there is a recount or other challenge to the election process, the inspector or inspectors of elections shall, upon written request, make the ballots available for inspection and review by an association member or the members authorized representative. Any recount shall be conducted in a manner that preserves the confidentiality of the vote.(b) Notwithstanding Section 5200, ballots, signed voter envelopes, voter list, and candidate registration list shall be association records subject to inspection and copying by a member.
SEC. 3.SEC. 4. Section 5125 of the Civil Code is amended to read:
### SEC. 3.SEC. 4.
5125. (a) The sealed ballots, signed voter envelopes, voter list, and nominee candidate registration list shall at all times be in the custody of the inspector or inspectors of elections or at a location designated by the inspector or inspectors until after the tabulation of the vote, and until the time allowed by Section 5145 for challenging the election has expired, at which time custody shall be transferred to the association. If there is a recount or other challenge to the election process, the inspector or inspectors of elections shall, upon written request, make the ballots available for inspection and review by an association member or the members authorized representative. Any recount shall be conducted in a manner that preserves the confidentiality of the vote.(b) Notwithstanding Section 5200, ballots, signed voter envelopes, voter list, and candidate registration list shall be association records subject to inspection and copying by a member.
5125. (a) The sealed ballots, signed voter envelopes, voter list, and nominee candidate registration list shall at all times be in the custody of the inspector or inspectors of elections or at a location designated by the inspector or inspectors until after the tabulation of the vote, and until the time allowed by Section 5145 for challenging the election has expired, at which time custody shall be transferred to the association. If there is a recount or other challenge to the election process, the inspector or inspectors of elections shall, upon written request, make the ballots available for inspection and review by an association member or the members authorized representative. Any recount shall be conducted in a manner that preserves the confidentiality of the vote.(b) Notwithstanding Section 5200, ballots, signed voter envelopes, voter list, and candidate registration list shall be association records subject to inspection and copying by a member.
5125. (a) The sealed ballots, signed voter envelopes, voter list, and nominee candidate registration list shall at all times be in the custody of the inspector or inspectors of elections or at a location designated by the inspector or inspectors until after the tabulation of the vote, and until the time allowed by Section 5145 for challenging the election has expired, at which time custody shall be transferred to the association. If there is a recount or other challenge to the election process, the inspector or inspectors of elections shall, upon written request, make the ballots available for inspection and review by an association member or the members authorized representative. Any recount shall be conducted in a manner that preserves the confidentiality of the vote.(b) Notwithstanding Section 5200, ballots, signed voter envelopes, voter list, and candidate registration list shall be association records subject to inspection and copying by a member.
5125. (a) The sealed ballots, signed voter envelopes, voter list, and nominee candidate registration list shall at all times be in the custody of the inspector or inspectors of elections or at a location designated by the inspector or inspectors until after the tabulation of the vote, and until the time allowed by Section 5145 for challenging the election has expired, at which time custody shall be transferred to the association. If there is a recount or other challenge to the election process, the inspector or inspectors of elections shall, upon written request, make the ballots available for inspection and review by an association member or the members authorized representative. Any recount shall be conducted in a manner that preserves the confidentiality of the vote.
(b) Notwithstanding Section 5200, ballots, signed voter envelopes, voter list, and candidate registration list shall be association records subject to inspection and copying by a member.
SEC. 5. Section 5145 of the Civil Code is amended to read:5145. (a) A member of an association may bring a civil action for declaratory or equitable relief for a violation of this article by the association, including, but not limited to, injunctive relief, restitution, or a combination thereof, within one year of the date the cause of action accrues. that the inspector or inspectors of elections notifies the board and membership of the election results or the cause of action accrues, whichever is later. Upon a finding that the election procedures of this article, or the adoption of and the adherence to rules provided by Article 5 (commencing with Section 4340) of Chapter 3, were not followed, a court may shall void any the results of the election. election, unless the association establishes, by clear and convincing evidence, that the failure of the association to follow this article or the election operating rules was unintentional and did not affect the results of the election. The findings of the court shall be stated in writing as part of the record.(b) A member who prevails in a civil action to enforce the members rights pursuant to this article shall be entitled to reasonable attorneys fees and court costs, and the court may impose a civil penalty of up to five hundred dollars ($500) for each violation, except that each identical violation shall be subject to only one penalty if the violation affects each member of the association equally. A prevailing association shall not recover any costs, unless the court finds the action to be frivolous, unreasonable, or without foundation. If a member prevails in a civil action brought in small claims court, the member shall be awarded court costs and reasonable attorneys fees incurred for consulting an attorney in connection with this civil action.(c) A cause of action under Sections 5100 to 5130, inclusive, with respect to access to association resources by a candidate or member advocating a point of view, the receipt of a ballot by a member, or the counting, tabulation, or reporting of, or access to, ballots for inspection and review after tabulation may be brought in small claims court if the amount of the demand does not exceed the jurisdiction of that court. subdivision (a) may be brought in either the Superior Court or, if the amount of the demand does not exceed the jurisdictional amount of the small claims court, in small claims court.
SEC. 5. Section 5145 of the Civil Code is amended to read:
### SEC. 5.
5145. (a) A member of an association may bring a civil action for declaratory or equitable relief for a violation of this article by the association, including, but not limited to, injunctive relief, restitution, or a combination thereof, within one year of the date the cause of action accrues. that the inspector or inspectors of elections notifies the board and membership of the election results or the cause of action accrues, whichever is later. Upon a finding that the election procedures of this article, or the adoption of and the adherence to rules provided by Article 5 (commencing with Section 4340) of Chapter 3, were not followed, a court may shall void any the results of the election. election, unless the association establishes, by clear and convincing evidence, that the failure of the association to follow this article or the election operating rules was unintentional and did not affect the results of the election. The findings of the court shall be stated in writing as part of the record.(b) A member who prevails in a civil action to enforce the members rights pursuant to this article shall be entitled to reasonable attorneys fees and court costs, and the court may impose a civil penalty of up to five hundred dollars ($500) for each violation, except that each identical violation shall be subject to only one penalty if the violation affects each member of the association equally. A prevailing association shall not recover any costs, unless the court finds the action to be frivolous, unreasonable, or without foundation. If a member prevails in a civil action brought in small claims court, the member shall be awarded court costs and reasonable attorneys fees incurred for consulting an attorney in connection with this civil action.(c) A cause of action under Sections 5100 to 5130, inclusive, with respect to access to association resources by a candidate or member advocating a point of view, the receipt of a ballot by a member, or the counting, tabulation, or reporting of, or access to, ballots for inspection and review after tabulation may be brought in small claims court if the amount of the demand does not exceed the jurisdiction of that court. subdivision (a) may be brought in either the Superior Court or, if the amount of the demand does not exceed the jurisdictional amount of the small claims court, in small claims court.
5145. (a) A member of an association may bring a civil action for declaratory or equitable relief for a violation of this article by the association, including, but not limited to, injunctive relief, restitution, or a combination thereof, within one year of the date the cause of action accrues. that the inspector or inspectors of elections notifies the board and membership of the election results or the cause of action accrues, whichever is later. Upon a finding that the election procedures of this article, or the adoption of and the adherence to rules provided by Article 5 (commencing with Section 4340) of Chapter 3, were not followed, a court may shall void any the results of the election. election, unless the association establishes, by clear and convincing evidence, that the failure of the association to follow this article or the election operating rules was unintentional and did not affect the results of the election. The findings of the court shall be stated in writing as part of the record.(b) A member who prevails in a civil action to enforce the members rights pursuant to this article shall be entitled to reasonable attorneys fees and court costs, and the court may impose a civil penalty of up to five hundred dollars ($500) for each violation, except that each identical violation shall be subject to only one penalty if the violation affects each member of the association equally. A prevailing association shall not recover any costs, unless the court finds the action to be frivolous, unreasonable, or without foundation. If a member prevails in a civil action brought in small claims court, the member shall be awarded court costs and reasonable attorneys fees incurred for consulting an attorney in connection with this civil action.(c) A cause of action under Sections 5100 to 5130, inclusive, with respect to access to association resources by a candidate or member advocating a point of view, the receipt of a ballot by a member, or the counting, tabulation, or reporting of, or access to, ballots for inspection and review after tabulation may be brought in small claims court if the amount of the demand does not exceed the jurisdiction of that court. subdivision (a) may be brought in either the Superior Court or, if the amount of the demand does not exceed the jurisdictional amount of the small claims court, in small claims court.
5145. (a) A member of an association may bring a civil action for declaratory or equitable relief for a violation of this article by the association, including, but not limited to, injunctive relief, restitution, or a combination thereof, within one year of the date the cause of action accrues. that the inspector or inspectors of elections notifies the board and membership of the election results or the cause of action accrues, whichever is later. Upon a finding that the election procedures of this article, or the adoption of and the adherence to rules provided by Article 5 (commencing with Section 4340) of Chapter 3, were not followed, a court may shall void any the results of the election. election, unless the association establishes, by clear and convincing evidence, that the failure of the association to follow this article or the election operating rules was unintentional and did not affect the results of the election. The findings of the court shall be stated in writing as part of the record.(b) A member who prevails in a civil action to enforce the members rights pursuant to this article shall be entitled to reasonable attorneys fees and court costs, and the court may impose a civil penalty of up to five hundred dollars ($500) for each violation, except that each identical violation shall be subject to only one penalty if the violation affects each member of the association equally. A prevailing association shall not recover any costs, unless the court finds the action to be frivolous, unreasonable, or without foundation. If a member prevails in a civil action brought in small claims court, the member shall be awarded court costs and reasonable attorneys fees incurred for consulting an attorney in connection with this civil action.(c) A cause of action under Sections 5100 to 5130, inclusive, with respect to access to association resources by a candidate or member advocating a point of view, the receipt of a ballot by a member, or the counting, tabulation, or reporting of, or access to, ballots for inspection and review after tabulation may be brought in small claims court if the amount of the demand does not exceed the jurisdiction of that court. subdivision (a) may be brought in either the Superior Court or, if the amount of the demand does not exceed the jurisdictional amount of the small claims court, in small claims court.
5145. (a) A member of an association may bring a civil action for declaratory or equitable relief for a violation of this article by the association, including, but not limited to, injunctive relief, restitution, or a combination thereof, within one year of the date the cause of action accrues. that the inspector or inspectors of elections notifies the board and membership of the election results or the cause of action accrues, whichever is later. Upon a finding that the election procedures of this article, or the adoption of and the adherence to rules provided by Article 5 (commencing with Section 4340) of Chapter 3, were not followed, a court may shall void any the results of the election. election, unless the association establishes, by clear and convincing evidence, that the failure of the association to follow this article or the election operating rules was unintentional and did not affect the results of the election. The findings of the court shall be stated in writing as part of the record.
(b) A member who prevails in a civil action to enforce the members rights pursuant to this article shall be entitled to reasonable attorneys fees and court costs, and the court may impose a civil penalty of up to five hundred dollars ($500) for each violation, except that each identical violation shall be subject to only one penalty if the violation affects each member of the association equally. A prevailing association shall not recover any costs, unless the court finds the action to be frivolous, unreasonable, or without foundation. If a member prevails in a civil action brought in small claims court, the member shall be awarded court costs and reasonable attorneys fees incurred for consulting an attorney in connection with this civil action.
(c) A cause of action under Sections 5100 to 5130, inclusive, with respect to access to association resources by a candidate or member advocating a point of view, the receipt of a ballot by a member, or the counting, tabulation, or reporting of, or access to, ballots for inspection and review after tabulation may be brought in small claims court if the amount of the demand does not exceed the jurisdiction of that court. subdivision (a) may be brought in either the Superior Court or, if the amount of the demand does not exceed the jurisdictional amount of the small claims court, in small claims court.
SEC. 6. Section 5910.1 is added to the Civil Code, to read:5910.1. An association may not file a civil action regarding a dispute in which the member has requested dispute resolution unless the association has complied with Section 5910.
SEC. 6. Section 5910.1 is added to the Civil Code, to read:
### SEC. 6.
5910.1. An association may not file a civil action regarding a dispute in which the member has requested dispute resolution unless the association has complied with Section 5910.
5910.1. An association may not file a civil action regarding a dispute in which the member has requested dispute resolution unless the association has complied with Section 5910.
5910.1. An association may not file a civil action regarding a dispute in which the member has requested dispute resolution unless the association has complied with Section 5910.
5910.1. An association may not file a civil action regarding a dispute in which the member has requested dispute resolution unless the association has complied with Section 5910.
SEC. 7. Section 5930 of the Civil Code is amended to read:5930. (a) An association or a member may not file an enforcement action in the superior court unless the parties have endeavored to submit their dispute to alternative dispute resolution pursuant to this article.(b) This section applies only to an enforcement action that is solely for declaratory, injunctive, or writ relief, or for that relief in conjunction with a claim for monetary damages not in excess of the jurisdictional limits stated in Sections 116.220 and 116.221 of the Code of Civil Procedure.(c) This section does not apply to a small claims action.(d)Except as otherwise provided by law, this section does not apply to an assessment dispute.
SEC. 7. Section 5930 of the Civil Code is amended to read:
### SEC. 7.
5930. (a) An association or a member may not file an enforcement action in the superior court unless the parties have endeavored to submit their dispute to alternative dispute resolution pursuant to this article.(b) This section applies only to an enforcement action that is solely for declaratory, injunctive, or writ relief, or for that relief in conjunction with a claim for monetary damages not in excess of the jurisdictional limits stated in Sections 116.220 and 116.221 of the Code of Civil Procedure.(c) This section does not apply to a small claims action.(d)Except as otherwise provided by law, this section does not apply to an assessment dispute.
5930. (a) An association or a member may not file an enforcement action in the superior court unless the parties have endeavored to submit their dispute to alternative dispute resolution pursuant to this article.(b) This section applies only to an enforcement action that is solely for declaratory, injunctive, or writ relief, or for that relief in conjunction with a claim for monetary damages not in excess of the jurisdictional limits stated in Sections 116.220 and 116.221 of the Code of Civil Procedure.(c) This section does not apply to a small claims action.(d)Except as otherwise provided by law, this section does not apply to an assessment dispute.
5930. (a) An association or a member may not file an enforcement action in the superior court unless the parties have endeavored to submit their dispute to alternative dispute resolution pursuant to this article.(b) This section applies only to an enforcement action that is solely for declaratory, injunctive, or writ relief, or for that relief in conjunction with a claim for monetary damages not in excess of the jurisdictional limits stated in Sections 116.220 and 116.221 of the Code of Civil Procedure.(c) This section does not apply to a small claims action.(d)Except as otherwise provided by law, this section does not apply to an assessment dispute.
5930. (a) An association or a member may not file an enforcement action in the superior court unless the parties have endeavored to submit their dispute to alternative dispute resolution pursuant to this article.
(b) This section applies only to an enforcement action that is solely for declaratory, injunctive, or writ relief, or for that relief in conjunction with a claim for monetary damages not in excess of the jurisdictional limits stated in Sections 116.220 and 116.221 of the Code of Civil Procedure.
(c) This section does not apply to a small claims action.
(d)Except as otherwise provided by law, this section does not apply to an assessment dispute.