Common interest developments: election requirements.

The Davis-Stirling Common Interest Development Act governs the formation and operation of common interest developments and generally provides for the election and removal of directors of the board by secret ballot. Existing law provides for director nominees to be considered elected by acclamation if the number of director nominees is not more than the number of vacancies to be elected, the association includes 6,000 or more units, the association provides individual notice of the election at least 30 days before the close of the nominations, and the association permits all candidates to run if nominated, except as specified. This bill would instead authorize the association to consider qualified candidates elected by acclamation if specified conditions are met, including that the association has held a regular election for the directors in the last 3 years, as specified; the association provided individual notice of the election and procedures for nominating candidates at least 90 days before the deadline for submitting nominations, and a reminder notice between 7 and 30 days before the deadline for submitting nominations, as specified; and the association board votes to consider the qualified candidates elected by acclamation at a meeting held in accordance with specified requirements. The bill would revise the requirement that the association permit all candidates to run if nominated to instead require that the association so permit except for nominees disqualified from running as allowed or required pursuant to specified law. The bill would delete the requirement in the acclamation procedures that the association include 6,000 or more units. The bill would specify that these procedures apply notwithstanding any contrary provision in the governing documents of the common interest development. This bill would incorporate additional changes to Section 5103 of the Civil Code, as added by this bill, proposed by SB 432, to be operative only if this bill and SB 432 are enacted.