Please contact your legislators if you have concerns about the provisions of this bill

April 06, 2006

By AHRC News Services

Senator Jim Battin says he introduced SB 1560 on February 23, 2006 to clarify some of the provisions in his elections bill , SB 61, that was enacted in 2005.

On April 5, 2006. SB 1560 passed by Senate Transportation & Housing Committee with amendments. It has been re-referred to the Senate Judiciary Committee and put on the Consent Calendar.

AHRC received the following communications from the Senate Housing & Transporation Committee consultant, Mark Stivers.

Also attached are copy of the bill, analysis, voting history and status of SB1560.

Voting in homeowner associations is an area fraught with problems and tampering by corporate boards, CAI managers and lawyers. If you have concerns or suggestions on this bill in its current form, please contact your legislators and the author's office (Ken DeVore - legislative consultant).

COMMUNICATIONS ON SB 1560 PROPOSED AMENDMENTS

March 27, 2006

To: AHRC

The following amendments are being proposed by the author for SB 1560.

Mark Stivers
California Transportation & Housing Committee


SB 1560 PROPOSED AMENDMENTS FROM AUTHOR

1. On page 2, line 15 after the period, insert "The association, its directors, officers, and agents, shall be immune from liability for the content of such communications."

2. On page 2, line 16 after "Ensure" insert "reasonable"

3. On page 2, line 23 after "candidates" insert ", consistent with the governing documents"

4. On page 2, lines 29-30 strike "including the times at which polls will open and close" and insert "consistent with the governing documents"

5. On page 3, line 6 after "appropriate" insert ", provided that the persons are independent third parties"

6. On page 3, lines 9-10 strike "an election within a common interest development regarding"

7. On page 3, line 15 after "this" insert "entire"

8. On page 3 strike lines 16-19 and insert "only if so stated in the governing documents of the association or other provisions of law. Notwithstanding Section 7513 of the Corporations Code, an association may allow for cumulative voting by secret ballot if so provided in the governing documents."

9. On page 4, line 8 after "section" insert ", the Corporations Code,"

10. On page 4, line 19 strike "secret"

11. On page 4, line 31 after "ballot" insert "unless the proxy is revoked by the member prior to the receipt of the ballot by the inspector of elections or his or her designee"

12. On page 5, lines 4-6 strike "prints and signs his or her name, address, and lot or parcel, or unit number that entitles him or her to vote" and insert "shall sign his or her name, indicate his or her name, and indicate the address or separate interest identifier that entitles him or her to vote"

13. On page 5, line 20 strike "cast" and insert "received by the inspector of elections of his or her designee"

14. On page 5, strike lines 31-34 and insert "Notwithstanding any other provision of law, the association's governing documents may provide for nomination of candidates from the floor of membership meetings or nomination by any other manner."

15. On page 6, strike lines 4-6 and insert "(k) Except as provided in subdivision (f) and the governing documents, a secret ballot may be distributed and voted upon by the membership without a meeting."

16. On page 6, strike lines 10-13 and insert:

(m) The procedures set forth in this section shall apply to votes cast directly by the membership but not apply to votes cast by delegates or other elected representatives.
(n) In the event of a conflict between this section and the provisions of the Nonprofit
Mutual Benefit Corporation Law (Part 3 of Division 2 of the Corporations Code (commencing with Section 7110)) relating to elections, the provisions of this section shall prevail.

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March 13, 2006

Dear all,

I am proposing some technical amendments to Senator Battin's SB 1560 which cleans up his elections bill of last year, SB 61. The amendments are attached. Please let me know if there are any objections.

Thanks.
Mark Stivers

SB 1560 PROPOSED TECHNICAL AMENDMENTS FROM SENATE TRANSPORTATION & HOUSING

1. On page 3 strike lines 16-19 and insert "only if so stated in the bylaws of the association or other provisions of law. Notwithstanding Section 7513 of the Corporations Code, an association may allow for cumulative voting by secret ballot if so provided in the governing documents." [I am just trying to make this language clearer and more direct.]

2. On page 4, line 19 strike "secret" [This word seems unnecessary and somewhat confusing in that a proxy is not a ballot of any kind.]

3. On page 5, strike lines 31-34 and insert "Notwithstanding any other provision of law, the association's governing documents may provide for nomination of candidates from the floor of membership meetings or nomination by any other manner." [Again I am just trying to make the language clearer and more direct. I took out cumulative voting here only because it is clearly dealt with by amendment 1.]

4. On page 6, line 13 after "carried" insert "solely" [This just clarifies that the exemption only applies to votes in which delegates are the sole voters and not to votes where delegates vote with everyone else.]

RELATED LINK California Bill Information - SB 1560 (Battin) 2006