Common interest developments: board members: election by acclamation.

Existing law, the Davis-Stirling Common Interest Development Act, governs the formation and operation of common interest developments. The act requires the election of directors to serve on the board of directors of the association to be held by secret ballot, and requires an association to adopt rules that specify the procedures for nomination of candidates consistent with the governing documents. The act also authorizes those rules to provide for the nomination of candidates from the floor of membership meetings or nomination by any other manner. This bill would require an association to hold an election for a seat on the board of directors at the expiration of the director's terms and at least once every 4 years. The bill would require, when the number of director nominees at the close of the nomination period is not more than the number of vacant director positions on the board, that the director nominees be considered elected by acclamation if the association includes 6,000 or more units, complies with specified notice requirements, and permits all candidates to run, except that the bill would require an association to disqualify a candidate for not being a member of the association at the time of the nomination and would authorize an association to disqualify a candidate for specified other reasons. This bill would incorporate additional changes to Section 5100 of the Civil Code proposed by SB 323 to be operative only if this bill and SB 323 are enacted and this bill is enacted last.