法定人数，以及达不到时怎么办

本条的历史版本

通过比较加州立法顾问办公室每个立法会期发布一次的法典版本整理而成。最早的是2013至2014年版，其中《戴维斯-斯特林法》已采用现行编号，因此修改从其后的版本起记录。这不只是存档问题：民法典第5145条给予会员一年时间质疑选举，适用的是选举举行当日的现行条文，而不是今天的条文。

1. AB 11702026-01-01起生效

   Amended by Stats. 2025, Ch. 67, Sec. 37. (AB 1170) Effective January 1, 2026.

   15处分项修改 · AB 1170、AB 2159、AB 2460的合并结果

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   1. (b)(2)The date, time, If the association allows for voting in an election by electronic secret ballot as provided for in Section 5105, the date and location time by which electronic secret ballots are to be transmitted to the internet-based voting system and preliminary instructions on how to vote by electronic secret ballot upon commencement of the meeting at which a quorum will be determined, if the association’s governing documents require a quorum, and at which ballots will be counted. voting period.
   2. (b)(3)The list date, time, and location of all candidates’ names that the meeting at which a quorum will appear on be determined, if the ballot. association’s governing documents require a quorum, and at which ballots will be counted.
   3. (b)(4)Individual notice The list of all candidates’ names that will appear on the above paragraphs shall be delivered pursuant to Section 4040 if individual notice is requested by a member. ballot.
   4. (b)(5)If the association’s governing documents require a quorum for election of directors, a statement that the board of directors may call a subsequent meeting at least 20 days after a scheduled election if the required quorum is not reached, at which time the quorum Individual notice of the membership above paragraphs shall be delivered pursuant to elect directors will be 20 percent of the association’s members voting in person, Section 4040 if individual notice is requested by proxy, or by secret ballot. a member.
   5. (b)(6)(A)If the association’s governing documents require a quorum for an election of directors, a statement that the association may call a reconvened meeting to be held at least 20 days after a scheduled election if the required quorum is not reached, at which time the quorum of the membership to elect directors will be 20 percent of the association’s members, voting in person, by proxy, or by secret ballot.
   6. (b)(6)(B)This paragraph shall not apply if the governing documents of the association provide for a quorum lower than 20 percent.
   7. (c)… 30 days prior to the deadline for voting. voting, unless an association conducts an election by electronic secret ballot as provided for in Section 5105, in which case only members who will vote by written secret ballot pursuant to Section 5105 shall be mailed or delivered the ballots and envelopes. In order to preserve confidentiality, a voter … confidentiality of vote by mail ballots, including all both of the following:
   8. (d)(1)… documents, each ballot received by the inspector or inspectors of elections shall be treated as a …
   9. (d)(2)For an election of directors of a corporation that is a common interest development, an association, and in the absence of meeting a quorum as required by the association’s governing … the Corporations Code, unless a lower quorum for a reconvened meeting is authorized by the association’s governing documents, the association may adjourn the proceeding meeting to a date at least 20 days after the adjourned proceeding, meeting, at which time the quorum required for purposes of a membership reconvened meeting to elect directors shall be 20 percent of the association’s members, voting members present in person, by proxy, or by secret written ballot received. ballot.
   10. (d)(3)No less than 15 days prior to an election authorized pursuant to the date of the reconvened meeting described in paragraph (2), the association shall provide general notice of the membership reconvened meeting, which shall include:
   11. (d)(3)(C)A Unless the association’s governing documents provide for a lower quorum, a statement that 20 percent of the association present or association’s members, voting in person, by proxy proxy, or secret ballot will satisfy the quorum requirements for the election of directors at that reconvened meeting and that the ballots will be counted …
   12. (f)Except Notwithstanding any contrary provision in the governing documents, except for the meeting to count the votes … an election may be conducted entirely by mail, electronic secret ballot, or a combination of mail unless otherwise specified in the governing documents. and electronic secret ballot, pursuant to Section 5105.
   13. (g)In an election to approve an amendment of the governing documents, the text of the proposed amendment shall be delivered to the members with the ballot.
   14. (g)(1)Except as provided in paragraph (2), in an election to approve an amendment of the governing documents, the text of the proposed amendment shall be delivered to the members with the ballot.
   15. (g)(2)Notwithstanding paragraph (1), if an association conducts an election to approve an amendment of governing documents by electronic secret ballot, the association may deliver, by electronic means, the text of the proposed amendment to those members who vote by electronic secret ballot, pursuant to Section 5105. The association shall also deliver a written copy of the text of the proposed amendment to those members upon request and without charge. If …

2. AB 14582024-01-01起生效

   Amended by Stats. 2023, Ch. 303, Sec. 1. (AB 1458) Effective January 1, 2024.

   8处分项修改

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   1. (b)(2)The date, time, and location of the meeting at which a quorum will be determined, if the association’s governing documents require a quorum, and at which ballots will be counted.
   2. (b)(5)If the association’s governing documents require a quorum for election of directors, a statement that the board of directors may call a subsequent meeting at least 20 days after a scheduled election if the required quorum is not reached, at which time the quorum of the membership to elect directors will be 20 percent of the association’s members voting in person, by proxy, or by secret ballot.
   3. (d)(1)A quorum shall be required only if so stated in the governing documents or other provisions of law. If a quorum is required by the governing documents, each ballot received by the inspector of elections shall be treated as a member present at a meeting for purposes of establishing a quorum.
   4. (d)(2)For an election of directors of a corporation that is a common interest development, and in the absence of meeting quorum as required by the association’s governing documents or Section 7512 of the Corporations Code, unless a lower quorum is authorized by the association’s governing documents, the association may adjourn the proceeding to a date at least 20 days after the adjourned proceeding, at which time the quorum required for …
   5. (d)(3)No less than 15 days prior to an election authorized pursuant to paragraph (2), the association shall provide general notice of the membership meeting, which shall include:
   6. (d)(3)(A)The date, time, and location of the meeting.
   7. (d)(3)(B)The list of all candidates.
   8. (d)(3)(C)A statement that 20 percent of the association present or voting by proxy or secret ballot will satisfy the quorum requirements for the election of directors and that the ballots will be counted if a quorum is reached, if the association’s governing documents require a quorum.

3. SB 4322022-01-01起生效

   Amended by Stats. 2021, Ch. 642, Sec. 3. (SB 432) Effective January 1, 2022.

   2处分项修改

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   1. (a)… individual notice is requested by a member. This subdivision shall only apply to elections of directors and to recall elections.
   2. (b)An For elections of directors and for recall elections, an association shall provide general notice of all …

4. SB 3232020-01-01起生效

   Amended by Stats. 2019, Ch. 848, Sec. 4. (SB 323) Effective January 1, 2020.

   7处分项修改 · 7处重新编号

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   1. (a)An association shall provide general notice of the procedure and deadline for submitting a nomination at least 30 days before any deadline for submitting a nomination. Individual notice shall be delivered pursuant to Section 4040 if individual notice is requested by a member.
   2. (b)An association shall provide general notice of all of the following at least 30 days before the ballots are distributed:
   3. (b)(1)The date and time by which, and the physical address where, ballots are to be returned by mail or handed to the inspector or inspectors of elections.
   4. (b)(2)The date, time, and location of the meeting at which ballots will be counted.
   5. (b)(3)The list of all candidates’ names that will appear on the ballot.
   6. (b)(4)Individual notice of the above paragraphs shall be delivered pursuant to Section 4040 if individual notice is requested by a member.
   7. (c)(1)… envelope that is sealed. In the upper left hand left-hand corner of the second envelope, the voter …