AB 502 (2021)

§ 5100

This act was the only one to amend this section in that window.

1. (g)removedNotwithstanding the secret balloting requirement in subdivision (a), when, as of the close of nominations for directors on the board, the number of director nominees is not more than the number of vacancies to be elected, as determined by the inspector or inspectors of the elections, the director nominees shall be considered elected by acclamation if all of the following are true:
2. (g)(1)removedThe association includes 6,000 or more units.
3. (g)(2)removedThe association provided individual notice of the election and the procedure for nominating candidates at least 30 days before the close of nominations.
4. (g)(3)removedThe association permits all candidates to run if nominated, except as follows:
5. (g)(3)(A)removedAn association shall disqualify a person from nomination as a candidate if the person is not a member of the association at the time of the nomination. This subdivision does not restrict a developer from making a nomination of a nonmember candidate consistent with the voting power of the developer, as set forth in the regulations of the Department of Real Estate and the association’s governing documents.
6. (g)(3)(B)removedThrough its bylaws or election operating rules adopted pursuant to subdivision (a) of Section 5105 only, an association may disqualify a person from nomination as a candidate based on any of the following:
7. (g)(3)(B)(i)removedAn association may disqualify a nominee if that person discloses, or if the association is aware or becomes aware of, a past criminal conviction that would either prevent the association from purchasing the fidelity bond coverage required by Section 5806 should the person be elected or terminate the association’s existing fidelity bond coverage as to that person should the person be elected.
8. (g)(3)(B)(ii)removedFailure to be current in the payment of regular and special assessments, which are consumer debts subject to validation. If an association requires a nominee to be current in the payment of regular and special assessments, it shall also require a director to be current in the payment of regular and special assessments. An association may not disqualify a nominee for nonpayment of fines, fines renamed as assessments, collection charges, …
9. (g)(3)(I)removedThe nominee has paid the regular assessment or special assessment under protest pursuant to Section 5658.
10. (g)(3)(I)(II)removedThe nominee has entered into a payment plan pursuant to Section 5665.
11. (g)(3)(I)(III)removedThe nominee has not been provided the opportunity to engage in internal dispute resolution pursuant to Article 2 (commencing with Section 5900) of Chapter 10.
12. (g)(3)(I)(III)(iii)removedIf the person, if elected, would be serving on the board at the same time as another person who holds a joint ownership interest in the same separate interest parcel as the person and the other person is either properly nominated for the current election or an incumbent director.
13. (g)(3)(I)(III)(iv)removedIf that person has been a member of the association for less than one year.