AB 1458 — Common interest developments: association governance: member election.

Summary

Existing law, the Davis-Stirling Common Interest Development Act, defines and regulates common interest developments, including member elections. Existing law prescribes that a quorum is required only if stated in the governing documents or by law. In the absence of a quorum, this bill would authorize an association to adjourn the proceeding to a date at least 20 days after the adjourned proceeding, at which time the quorum required for purposes of a membership meeting shall be 20% of the voting members present in person, by proxy, or by secret written ballot received. The bill would require an association to provide general notice of the membership meeting, as specified, no less than 15 days prior to the election of directors. Under existing law, for elections of directors and for recall elections, an association is required to provide general notice of specified information about the election at least 30 days before the ballots are distributed, including the date, time, and location of the meeting at which ballots will be counted. This bill would additionally require the general notice to include the date, time, and location of the meeting at which quorum will be determined, if the association's governing documents require a quorum. The bill would require an association whose governing documents require a quorum for election of directors to provide general notice of a statement that the board of directors may call a subsequent meeting at least 20 days after a scheduled election if the quorum is not reached, as specified. Existing law authorizes and regulates the formation and operation of various corporations, including a nonprofit mutual benefit corporation. Existing law sets forth the parameters of a quorum at a meeting of members, as specified. For a corporation that is a common interest development, existing law imposes notice requirements for special meetings. In the absence of a quorum, this bill would authorize a corporation that is a common interest development to adjourn a membership meeting to a date at least 20 days after the adjourned proceeding, at which time the quorum required for purposes of a membership meeting shall be 20% of the voting members present in person, by proxy, or by secret written ballot received.

Bill Text

• Chaptered 10/04/23 - Chaptered Current pdf October 04, 2023
• Enrolled 09/12/23 - Enrolled pdf September 12, 2023
• Amended 07/13/23 - Amended Senate pdf July 13, 2023
• Amended 07/03/23 - Amended Senate pdf July 03, 2023
• Amended 05/03/23 - Amended Assembly pdf May 03, 2023
• Amended 04/13/23 - Amended Assembly pdf April 13, 2023
• Amended 03/28/23 - Amended Assembly pdf March 28, 2023
• Introduced 02/17/23 - Introduced pdf February 17, 2023
• AB1458 View text html

Action History

1. October 04, 2023

   Chaptered by Secretary of State - Chapter 303, Statutes of 2023.

2. October 04, 2023

   Approved by the Governor.

3. September 15, 2023

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

4. September 11, 2023

   Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 78. Noes 1. Page 3167.).

5. September 05, 2023

   In Assembly. Concurrence in Senate amendments pending. May be considered on or after September 7 pursuant to Assembly Rule 77.

6. September 05, 2023

   Read third time. Passed. Ordered to the Assembly. (Ayes 38. Noes 0. Page 2357.).

7. July 13, 2023

   Read second time and amended. Ordered to third reading.

8. July 12, 2023

   From committee: Amend, and do pass as amended. (Ayes 11. Noes 0.) (July 11).

9. July 03, 2023

   From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on JUD.

10. June 29, 2023

    In committee: Set, first hearing. Hearing canceled at the request of author.

11. June 23, 2023

    In committee: Hearing postponed by committee.

12. June 21, 2023

    From committee: Do pass and re-refer to Com. on JUD. (Ayes 10. Noes 0.) (June 20). Re-referred to Com. on JUD.

13. June 14, 2023

    Referred to Coms. on HOUSING and JUD.

14. June 01, 2023

    In Senate. Read first time. To Com. on RLS. for assignment.

15. May 31, 2023

    Read third time. Passed. Ordered to the Senate. (Ayes 75. Noes 1. Page 1953.)

16. May 04, 2023

    Read second time. Ordered to third reading.

17. May 03, 2023

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

18. May 02, 2023

    From committee: Amend, and do pass as amended. (Ayes 11. Noes 0.) (May 2).

19. April 17, 2023

    Re-referred to Com. on JUD.

20. April 13, 2023

    Read second time and amended.

21. April 12, 2023

    From committee: Amend, and do pass as amended and re-refer to Com. on JUD. (Ayes 8. Noes 0.) (April 12).

22. March 29, 2023

    Re-referred to Com. on H. & C.D.

23. March 28, 2023

    From committee chair, with author's amendments: Amend, and re-refer to Com. on H. & C.D. Read second time and amended.

24. March 09, 2023

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

25. February 18, 2023

    From printer. May be heard in committee March 20.

26. February 17, 2023

    Read first time. To print.

Sponsors

• Tri Ta · Primary

Votes

Subjects