Common interest developments: association governance: elections.
Summary
The Davis-Stirling Common Interest Development Act defines and regulates common interest developments that are not a commercial or industrial common interest development. The act requires a common interest development to be managed by an association, requires the association to select one or 3 independent 3rd parties as an inspector or inspectors of elections, and generally requires the association's elections regarding assessments legally requiring a vote, the election and removal of directors, amendments to the governing documents, or the grant of exclusive use of common area, to be conducted by the inspector or inspectors of elections in accordance with specified rules and procedures. The act excepts from these election requirements an election of directors if the governing documents of the association provide that one member from each separate interest is a director. This bill would additionally except from those election requirements an election of directors if the election is uncontested, as defined, and would provide a procedure for an election to be declared as uncontested. The bill adds 2 additional election requirements that would ensure an announcement of an election and notification of nomination procedures is provided in a specific manner and would ensure a member who meets specified qualification requirements is not denied the right to vote or the right to be a candidate for director. The bill would authorize a cause of action alleging a violation of these and other specified election requirements to be brought in small claims court if the amount of the demand does not exceed the jurisdiction of that court.
Bill status
passed
3 of 5 stages cleared
Introduction
Feb 2016
Committee Review
Jun 2016
Assembly Passage
May 2016
Senate Passage
Governor
Introduced Feb 8, 2016
Last action Jun 28, 2016
Floor votes · Assembly May 12, 2016
How they voted
63–3
Passed · 5 other
Total votes 71
May 12, 2016
D
Democratic46
89% Yea
I
Independent1
100% Yea
R
Republican24
87% Yea
Vote distribution
All Yea
All Nay
Mixed
No data
Full legislative history
Actions timeline
Total actions
15
Key actions
4
Committee
7
Amendments
2
Jun 28, 2016
Upper · Passed
In committee: Set, first hearing. Hearing canceled at the request of author.
upper
Jun 15, 2016
Committee
From committee: Do pass and re-refer to Com. on JUD. (Ayes 6. Noes 2.) (June 14). Re-referred to Com. on JUD.
upper
Jun 6, 2016
Committee
From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on T. & H.
upper
May 19, 2016
Committee
Referred to Coms. on T. & H. and JUD.
upper
May 12, 2016
Assembly · Passed
Assembly Vote: pass (63-3-5)
assembly
May 3, 2016
Lower · Passed
Read second time and amended. Ordered returned to second reading.
lower
May 2, 2016
Introduced
From committee: Amend, and do pass as amended. (Ayes 7. Noes 0.) (April 27).
lower
Apr 5, 2016
Committee
Re-referred to Com. on H. & C.D.
lower
Feb 18, 2016
Committee
Referred to Com. on H. & C.D.
lower
Feb 9, 2016
Lower · Passed
From printer. May be heard in committee March 10.
lower
1 primary · 2 co-sponsors
Sponsors
Role
Legislator
Party
State
District
P
Chad Mayes
IIndependent
Co
Bob Huff
RRepublican
Co
Patricia C. Bates
RRepublican
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