Legislative record

Common interest developments: associations.

Existing law, the Davis-Stirling Common Interest Development Act, governs the management and operation of common interest developments, and requires an association to manage a common interest development. Existing law makes an association responsible for repairs and replacements necessary to restore interrupted gas, heat, water, or electrical services that begin in the common area even if the matter extends into another area, as specified, unless the utility service that failed is required to be maintained, repaired, or replaced by a public, private, or other utility service provider, or otherwise provided in the declaration of a common interest development, as provided. This bill would, instead, make an association responsible for repairs and replacements necessary to restore interrupted gas, heat, water, or electrical services when an interruption of service begins in the common area, under the above-described conditions. Existing law requires that elections regarding assessments legally requiring a vote, election and removal of directors, amendments to the governing documents, or the grant of exclusive use of common area be held by secret ballot in accordance with specified procedures that include requiring that an association adopt election operating rules, as provided. Existing law authorizes an association to adopt an election operating rule that allows an association to utilize an inspector or inspectors of elections to conduct an election by electronic secret ballot, as provided. If an association adopts this election operating rule, among other things, existing law requires the association to deliver a specified individual notice of the electronic secret ballot to each member 30 days before the election. This bill would, instead, require the association to deliver, no later than 30 days before the election, the individual notice to each member who is electronically voting. Notwithstanding the secret balloting requirement, existing law authorizes an association to consider qualified candidates to be considered elected by acclamation if the number of qualified candidates is not more than the number of vacancies to be elected and, among other things, the association provides individual notice of the election and procedure for nominating candidates, as specified, including providing a specified initial notice at least 90 days before the deadline for submitting nominations and a specified reminder notice between 7 and 30 days before the deadline for submitting nominations. This bill would, instead, require the association to provide the initial notice at least 30 days before the deadline and the reminder notice not less 10 days before the deadline.