California 2017-2018 Regular Session Status: To Executive

SB 1128 — Common interest developments: governance.

Last action — In Senate. Consideration of Governor's veto pending.

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Senate
  4. ✓
    Passed Assembly
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2017-2018 Regular Session. It reached “To Executive” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Summary

Existing law, the Davis-Stirling Common Interest Development Act, governs the management and operation of common interest developments by an association. Under existing law, an association that is required to deliver a document by "individual delivery" or "individual notice" is authorized to deliver the document by email facsimile, or other electronic means, if the recipient has consented in writing, unless the consent is revoked in writing. This bill would authorize the recipient to consent to that delivery and revoke that consent by email. Existing law requires the board of an association to provide general notice of a proposed rule change at least 30 days before making the rule change. This bill would instead require general notice of at least 28 days before making the rule change. Existing law requires the election of directors who serve on the association board, except if the governing documents provide that one member from each separate interest is a director. Existing law requires the association to adopt rules regarding qualifications for candidates for the board and any other elected position, and procedures for the nomination of candidates, consistent with the governing documents. Existing law requires these rules to specify a method for selecting independent 3rd parties as inspectors of elections and authorizes the rules to provide for the nomination of candidates from the floor of membership meetings or nomination by any other manner. This bill would specify the grounds for both authorizing and requiring disqualification of a nominee for election to the association board, and would delete a provision that specifies a nomination or election procedure shall not be deemed reasonable if it disallows a member from nominating himself or herself for election to the board. 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, as determined by an inspector or inspectors of elections, the director nominees to be considered elected by acclamation if specified requirements are met, including a requirement that the association provide individual notice of the election and the procedure for nominating candidates and the board adopts a resolution, as specified. This bill would incorporate additional changes to Section 5105 of the Civil Code proposed by SB 1265 to be operative only if this bill and SB 1265 are enacted and this bill is enacted last.

Bill Text

Action History

  1. In Senate. Consideration of Governor's veto pending.

  2. Vetoed by the Governor.

  3. Enrolled and presented to the Governor at 4 p.m.

  4. Assembly amendments concurred in. (Ayes 38. Noes 0. Page 6127.) Ordered to engrossing and enrolling.

  5. In Senate. Concurrence in Assembly amendments pending.

  6. Read third time. Passed. (Ayes 76. Noes 0. Page 6955.) Ordered to the Senate.

  7. Ordered to third reading.

  8. Read third time and amended.

  9. Read second time. Ordered to third reading.

  10. Read second time and amended. Ordered to second reading.

  11. (Received pursuant to JR 61(b)(14)).

  12. From committee: Do pass as amended. (Ayes 8. Noes 0.) (July 3).

  13. Read second time and amended. Re-referred to Com. on JUD.

  14. From committee: Do pass as amended and re-refer to Com. on JUD. (Ayes 7. Noes 0.) (June 13).

  15. Referred to Coms. on H. & C.D. and JUD.

  16. In Assembly. Read first time. Held at Desk.

  17. Read third time. Passed. (Ayes 36. Noes 1. Page 4228.) Ordered to the Assembly.

  18. Read second time and amended. Ordered to third reading.

  19. From committee: Do pass as amended. (Ayes 6. Noes 0. Page 4997.) (May 8).

  20. Set for hearing May 8.

  21. May 1 hearing postponed by committee.

  22. Set for hearing May 1.

  23. From committee: Do pass and re-refer to Com. on JUD. (Ayes 11. Noes 0. Page 4724.) (April 17). Re-referred to Com. on JUD.

  24. Set for hearing April 17.

  25. From committee with author's amendments. Read second time and amended. Re-referred to Com. on T. & H.

  26. Re-referred to Coms. on T. & H. and JUD.

  27. From committee with author's amendments. Read second time and amended. Re-referred to Com. on RLS.

  28. Referred to Com. on RLS.

  29. From printer. May be acted upon on or after March 16.

  30. Introduced. Read first time. To Com. on RLS. for assignment. To print.

Sponsors

  • Roth · Primary

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 121 not signed on

Sponsors (1)

  • Roth

Co-sponsors (0)

None.

Not signed on (121)

121 members have not signed on to this bill.

Show all 121 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Unfinished Business SB1128 Roth Concurrence

Passed 38 Yea · 0 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 33002
Democratic 5000
Total 38002
% of votes cast 95%0%0%5%
How each member voted (40)
Member Party Vote
Anderson — Yea
Beall — Yea
Bradford — Yea
Hernandez — Yea
Hertzberg — Yea
Monning — Yea
Moorlach — Yea
Nielsen — Yea
Roth — Yea
Wieckowski — Not Voting
Fuller — Yea
Galgiani — Yea
Glazer — Yea
Cannella — Yea
Allen — Yea
De León — Yea
Chang — Yea
Delgado — Yea
Portantino — Yea
Atkins — Yea
Mitchell — Yea
Hill — Yea
Hueso — Yea
Dodd — Yea
Bates — Yea
Lara — Yea
Leyva — Yea
Morrell — Yea
Pan — Yea
Skinner — Yea
Vidak — Yea
Wilk — Yea
Beth Gaines — Yea
Bill Berryhill — Not Voting
Mark Stone — Yea
Jackson, Corey A. Democratic Yea
McGuire, Mike Democratic Yea
Nguyen, Stephanie Democratic Yea
Stern, Henry I. Democratic Yea
Wiener, Scott D. Democratic Yea

Official roll call →

SB 1128 Roth Senate Third Reading By CERVANTES

Passed 76 Yea · 0 Nay · 4 Other
Party YeaNayPresentNot Voting
Democratic 15001
Unaffiliated 55003
Republican 6000
Total 76004
% of votes cast 95%0%0%5%
How each member voted (80)
Member Party Vote
Bloom — Yea
Brough — Yea
Maienschein — Yea
Mathis — Yea
Medina — Yea
Mullin — Yea
O'Donnell — Yea
Rendon — Yea
Santiago — Yea
Ting — Yea
Weber — Yea
Eggman — Yea
Chávez — Yea
Cooley — Yea
Daly — Yea
Gloria — Yea
Friedman — Yea
Holden — Yea
Bigelow — Yea
Chiu — Yea
Cunningham — Yea
Jones-Sawyer — Yea
Low — Yea
Melendez — Yea
Thurmond — Yea
Voepel — Yea
Frazier — Yea
Rivas — Yea
Rubio — Yea
Harper — Yea
Salas — Yea
Burke — Yea
Fong — Yea
Gray — Yea
Kamlager-Dove — Yea
Kiley — Not Voting
Levine — Yea
Gonzalez Fletcher — Yea
Mayes — Yea
McCarty — Yea
Chau — Yea
Nazarian — Yea
Obernolte — Yea
Acosta — Yea
Baker — Yea
Chu — Not Voting
Cooper — Yea
Quirk — Yea
Rodriguez — Yea
Steinorth — Yea
Waldron — Yea
Wood — Yea
Cristina Garcia — Yea
Eduardo Garcia — Not Voting
Jim Patterson — Yea
Mark Stone — Yea
Travis Allen — Yea
Wendy Carrillo — Yea
Aguiar-Curry, Cecilia M. Democratic Yea
Arambula, Joaquin Democratic Yea
Berman, Marc Democratic Yea
Bonta, Mia Democratic Yea
Caballero, Anna M. Democratic Yea
Calderon, Lisa Democratic Yea
Cervantes, Sabrina Democratic Yea
Gabriel, Jesse Democratic Yea
Gipson, Mike A. Democratic Yea
Grayson, Timothy S. Democratic Yea
Irwin, Jacqui Democratic Yea
Kalra, Ash Democratic Yea
Limón, Monique Democratic Yea
Muratsuchi, Al Democratic Not Voting
Quirk-Silva, Sharon Democratic Yea
Reyes, Eloise Gómez Democratic Yea
Chen, Phillip Republican Yea
Choi, Steven S. Republican Yea
Dahle, Megan Republican Yea
Flora, Heath Republican Yea
Gallagher, James Republican Yea
Lackey, Tom Republican Yea

Official roll call →

Do pass as amended.

Passed 8 Yea · 0 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 6002
Democratic 2000
Total 8002
% of votes cast 80%0%0%20%
How each member voted (10)
Member Party Vote
Maienschein — Yea
Gonzalez Fletcher — Yea
Holden — Yea
Kiley — Not Voting
Chau — Yea
Chiu — Yea
Cunningham — Not Voting
Mark Stone — Yea
Kalra, Ash Democratic Yea
Reyes, Eloise Gómez Democratic Yea

Official roll call →

3rd Reading

Passed 36 Yea · 1 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 31102
Democratic 5000
Total 36102
% of votes cast 92%3%0%5%
How each member voted (39)
Member Party Vote
Anderson — Yea
Beall — Yea
Bradford — Yea
Hernandez — Yea
Lara — Yea
Moorlach — Yea
Roth — Yea
Wieckowski — Not Voting
Glazer — Yea
Hertzberg — Yea
Morrell — Yea
Nielsen — Yea
Pan — Yea
De León — Yea
Cannella — Yea
Portantino — Yea
Atkins — Yea
Mitchell — Yea
Fuller — Yea
Allen — Not Voting
Galgiani — Yea
Hill — Yea
Hueso — Nay
Bates — Yea
Dodd — Yea
Leyva — Yea
Newman — Yea
Skinner — Yea
Vidak — Yea
Wilk — Yea
Monning — Yea
Beth Gaines — Yea
Bill Berryhill — Yea
Mark Stone — Yea
Jackson, Corey A. Democratic Yea
McGuire, Mike Democratic Yea
Nguyen, Stephanie Democratic Yea
Stern, Henry I. Democratic Yea
Wiener, Scott D. Democratic Yea

Official roll call →

Do pass as amended

Passed 6 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 4001
Democratic 2000
Total 6001
% of votes cast 86%0%0%14%
How each member voted (7)
Member Party Vote
Anderson — Yea
Hertzberg — Yea
Monning — Yea
Wieckowski — Not Voting
Moorlach — Yea
Jackson, Corey A. Democratic Yea
Stern, Henry I. Democratic Yea

Official roll call →

Do pass, but first be re-referred to the Committee on [Judiciary]

Passed 11 Yea · 0 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 10001
Democratic 1001
Total 11002
% of votes cast 85%0%0%15%
How each member voted (13)
Member Party Vote
Wieckowski — Yea
Cannella — Yea
Allen — Not Voting
Galgiani — Yea
Beall — Yea
Dodd — Yea
Morrell — Yea
Roth — Yea
Skinner — Yea
Vidak — Yea
Beth Gaines — Yea
McGuire, Mike Democratic Not Voting
Wiener, Scott D. Democratic Yea

Official roll call →

Subjects

housing civil-rights elections
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Frequently asked questions

What does SB 1128 do?
Existing law, the Davis-Stirling Common Interest Development Act, governs the management and operation of common interest developments by an association. Under existing law, an association that is required to deliver a document by "individual delivery" or "individual notice" is authorized to deliver the document by email facsimile, or other electronic means, if the recipient has consented in writing, unless the consent is revoked in writing. This bill would authorize the recipient to consent to that delivery and revoke that consent by email. Existing law requires the board of an association to provide general notice of a proposed rule change at least 30 days before making the rule change. This bill would instead require general notice of at least 28 days before making the rule change. Existing law requires the election of directors who serve on the association board, except if the governing documents provide that one member from each separate interest is a director. Existing law requires the association to adopt rules regarding qualifications for candidates for the board and any other elected position, and procedures for the nomination of candidates, consistent with the governing documents. Existing law requires these rules to specify a method for selecting independent 3rd parties as inspectors of elections and authorizes the rules to provide for the nomination of candidates from the floor of membership meetings or nomination by any other manner. This bill would specify the grounds for both authorizing and requiring disqualification of a nominee for election to the association board, and would delete a provision that specifies a nomination or election procedure shall not be deemed reasonable if it disallows a member from nominating himself or herself for election to the board. 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, as determined by an inspector or inspectors of elections, the director nominees to be considered elected by acclamation if specified requirements are met, including a requirement that the association provide individual notice of the election and the procedure for nominating candidates and the board adopts a resolution, as specified. This bill would incorporate additional changes to Section 5105 of the Civil Code proposed by SB 1265 to be operative only if this bill and SB 1265 are enacted and this bill is enacted last.
Who sponsors SB 1128?
SB 1128 is sponsored by Roth.
What is the current status of SB 1128?
This bill died with 2017-2018 Regular Session. It reached “To Executive” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track SB 1128?
Track SB 1128 free on One Click Politics — get push/email alerts when it moves.

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