TerriS6 (California)
Posts: 3,284
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
"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