Current through Register 2024 Notice Reg. No. 38, September 20, 2024
(a) The first election of a governing body for the
Association shall be conducted at the first meeting of the Association. All
positions on the governing body shall be filled at that election.
(b)
(1) Voting
for the governing body shall be by secret written ballot. Cumulative voting in the
election of governing body members shall be prescribed for all elections in which
more than two positions on the governing body are to be filled subject only to the
procedural prerequisites to cumulative voting prescribed in Section
7615(b)
of the Corporations Code.
(2) Unless the
entire governing body is removed from office by the vote of members of the
Association, no individual governing body members shall be removed prior to the
expiration of his term of office if the votes cast against removal would be
sufficient to elect the governing body member if voted cumulatively at an election
at which the same total number of votes were cast and the entire number of governing
body members authorized at the time of the most recent election of the governing
body member were then being elected.
(c)
(1) A
special procedure shall be established by the governing instruments to assure that
from the first election of the governing body and thereafter for so long as a
majority of the voting power of the Association resides in the subdivider, or so
long as there are two outstanding classes of membership in the Association, not less
than 20% of the incumbents on the governing body shall have been elected solely by
the votes of owners other than the subdivider.
(2) A governing body member who has been elected
to office solely by the votes of members of the Association other than the
subdivider may be removed from office prior to the expiration of his term of office
only by the vote of at least a simple majority of the voting power residing in
members other than the subdivider.
1. New section
filed 1-16-76; effective thirtieth day thereafter (Register 76, No.
3).
2. Amendment filed 2-10-77; effective thirtieth day thereafter
(Register 77, No. 7).
3. Amendment of subsection (b)(2) filed 1-17-80;
effective thirtieth day thereafter (Register 80, No. 3).
4. Amendment
filed 7-9-80; effective thirtieth day thereafter (Register 80, No.
28).
5. Amendment of subsection (b)(2) and repealer of subsection (d)
filed 11-13-96; operative 11-13-96 pursuant to Government Code section
11343.4(d)
(Register 96, No. 46).
Note: Authority cited: Sections
10080
and
11001,
Business and Professions Code and Section
21082,
Public Resources Code. Reference: Section
11018.5,
Business and Professions Code.
