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TerriS6 (California)
Posts: 3,284
Posted:
This is an excerpt from the link. Operating rules are required to have a foundation in the Declaration yet this proposed law says "notwithstanding" the governing documents, an association is allowed to adopt operating rules permitting electronic voting. So if the Declaration requires a secret written ballot, the new law allows contradictory non-written ballots. What if members don't want to amend the Declaration, then what? Then Civ Code 5100 requires the election to be conducted per the procedures in Article 4 which include the two-envelope system to ensure secrecy. Sounds like AB2159 was written in a big hurry.

"Existing law, the Davis-Stirling Common Interest Development Act, governs the formation and operation of common interest developments. Existing law requires elections regarding specified matters concerning the governance of common interest developments to be held by secret ballot in accordance with certain procedures. Existing law requires an association to adopt certain operating rules that govern elections.
This bill would authorize an association to adopt operating rules that allow an association to conduct an election by electronic secret ballot unless ballot, as defined, except as specified, notwithstanding the associations governing documents provide otherwise. documents. "
https://digitaldemocracy.calmatters.org/bills/ca_202320240ab2159
TerriS6 (California)
Posts: 3,284
Posted:
It seems that giving the association the option of writing operating rules even if they contradict the Declaration is usurping the members' right to amend the Declaration.
KerryL1 (California)
Posts: 14,550
Posted:
Because Terri didn't include some strike-outs in her citation, it is incorrect and the last sentence is basically nonsense.

Perhaps if it's cited correctly, there'll be responses.
TerriS6 (California)
Posts: 3,284
Posted:
Quote:
Posted By KerryL1 on 05/24/2024 10:17 AM
Because Terri didn't include some strike-outs in her citation, it is incorrect and the last sentence is basically nonsense.

Perhaps if it's cited correctly, there'll be responses.

That's because they didn't copy and paste. The link eliminates that problem. Must you be so critical for no reason?
KerryL1 (California)
Posts: 14,550
Posted:
If someone claims they are citing a source, and puts quote marks around it, they should cite it correctly. Otherwise they're not telling the truth.
TerriS6 (California)
Posts: 3,284
Posted:
Good grief.
TerriS6 (California)
Posts: 3,284
Posted:
Quote:
Posted By KerryL1 on 05/24/2024 12:10 PM
If someone claims they are citing a source, and puts quote marks around it, they should cite it correctly. Otherwise they're not telling the truth.

Well you saw the link, read the original source. There was nothing dishonest about my post. Form over substance.
KerryL1 (California)
Posts: 14,550
Posted:
Whatever is inside quotation marks IS substance.

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