AB 1458

  • California Assembly Bill
  • 2023-2024 Regular Session
  • Introduced in Assembly
  • Passed Assembly May 31, 2023
  • Passed Senate Sep 05, 2023
  • Became Law Oct 04, 2023

Common interest developments: association governance: member election.

Abstract

Existing law, the Davis-Stirling Common Interest Development Act, defines and regulates common interest developments, including member elections. Existing law prescribes that a quorum is required only if stated in the governing documents or by law. In the absence of a quorum, this bill would authorize an association to adjourn the proceeding to a date at least 20 days after the adjourned proceeding, at which time the quorum required for purposes of a membership meeting shall be 20% of the voting members present in person, by proxy, or by secret written ballot received. The bill would require an association to provide general notice of the membership meeting, as specified, no less than 15 days prior to the election of directors. Under existing law, for elections of directors and for recall elections, an association is required to provide general notice of specified information about the election at least 30 days before the ballots are distributed, including the date, time, and location of the meeting at which ballots will be counted. This bill would additionally require the general notice to include the date, time, and location of the meeting at which quorum will be determined, if the association's governing documents require a quorum. The bill would require an association whose governing documents require a quorum for election of directors to provide general notice of a statement that the board of directors may call a subsequent meeting at least 20 days after a scheduled election if the quorum is not reached, as specified. Existing law authorizes and regulates the formation and operation of various corporations, including a nonprofit mutual benefit corporation. Existing law sets forth the parameters of a quorum at a meeting of members, as specified. For a corporation that is a common interest development, existing law imposes notice requirements for special meetings. In the absence of a quorum, this bill would authorize a corporation that is a common interest development to adjourn a membership meeting to a date at least 20 days after the adjourned proceeding, at which time the quorum required for purposes of a membership meeting shall be 20% of the voting members present in person, by proxy, or by secret written ballot received.

Bill Sponsors (1)

Votes


Actions


Oct 04, 2023

California State Legislature

Chaptered by Secretary of State - Chapter 303, Statutes of 2023.

California State Legislature

Approved by the Governor.

Sep 15, 2023

California State Legislature

Enrolled and presented to the Governor at 4 p.m.

Sep 11, 2023

Assembly

Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 78. Noes 1. Page 3167.).

Sep 05, 2023

Senate

Read third time. Passed. Ordered to the Assembly. (Ayes 38. Noes 0. Page 2357.).

Assembly

In Assembly. Concurrence in Senate amendments pending. May be considered on or after September 7 pursuant to Assembly Rule 77.

Jul 13, 2023

Senate

Read second time and amended. Ordered to third reading.

Jul 12, 2023

Senate

From committee: Amend, and do pass as amended. (Ayes 11. Noes 0.) (July 11).

Jul 03, 2023

Senate

From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on JUD.

  • Amendment-Introduction
  • Amendment-Passage
  • Reading-1
  • Reading-2
  • Referral-Committee
Com. on JUD.

Jun 29, 2023

Senate

In committee: Set, first hearing. Hearing canceled at the request of author.

Jun 23, 2023

Senate

In committee: Hearing postponed by committee.

Jun 21, 2023

Senate

From committee: Do pass and re-refer to Com. on JUD. (Ayes 10. Noes 0.) (June 20). Re-referred to Com. on JUD.

  • Committee-Passage
  • Committee-Passage-Favorable
  • Referral-Committee
Com. on JUD.

Jun 14, 2023

Senate

Referred to Coms. on HOUSING and JUD.

  • Referral-Committee
Coms. on HOUSING and JUD.

Jun 01, 2023

Senate

In Senate. Read first time. To Com. on RLS. for assignment.

May 31, 2023

Assembly

Read third time. Passed. Ordered to the Senate. (Ayes 75. Noes 1. Page 1953.)

May 04, 2023

Assembly

Read second time. Ordered to third reading.

May 03, 2023

Assembly

Read second time and amended. Ordered returned to second reading.

May 02, 2023

Assembly

From committee: Amend, and do pass as amended. (Ayes 11. Noes 0.) (May 2).

Apr 17, 2023

Assembly

Re-referred to Com. on JUD.

  • Referral-Committee
Com. on JUD.

Apr 13, 2023

Assembly

Read second time and amended.

Apr 12, 2023

Assembly

From committee: Amend, and do pass as amended and re-refer to Com. on JUD. (Ayes 8. Noes 0.) (April 12).

Mar 29, 2023

Assembly

Re-referred to Com. on H. & C.D.

  • Referral-Committee
Com. on H. & C.D.

Mar 28, 2023

Assembly

From committee chair, with author's amendments: Amend, and re-refer to Com. on H. & C.D. Read second time and amended.

Mar 09, 2023

Assembly

Referred to Coms. on H. & C.D. and JUD.

  • Referral-Committee
Coms. on H. & C.D. and JUD.

Feb 18, 2023

Assembly

From printer. May be heard in committee March 20.

Feb 17, 2023

Assembly

Read first time. To print.

Bill Text

Bill Text Versions Format
AB1458 HTML
02/17/23 - Introduced PDF
03/28/23 - Amended Assembly PDF
04/13/23 - Amended Assembly PDF
05/03/23 - Amended Assembly PDF
07/03/23 - Amended Senate PDF
07/13/23 - Amended Senate PDF
09/12/23 - Enrolled PDF
10/04/23 - Chaptered PDF

Related Documents

Document Format
04/10/23- Assembly Housing and Community Development PDF
04/27/23- Assembly Judiciary PDF
05/03/23- ASSEMBLY FLOOR ANALYSIS PDF
06/15/23- Senate Housing PDF
07/07/23- Senate Judiciary PDF
08/07/23- Sen. Floor Analyses PDF
09/05/23- ASSEMBLY FLOOR ANALYSIS PDF

Sources

Data on Open States is updated periodically throughout the day from the official website of the California State Legislature.

If you notice any inconsistencies with these official sources, feel free to file an issue.