adjourn the meeting for at least 20 days. The association is then required by Section 5115(d)(3) to provide an additional general notice to the members at least 15 days before the adjourned meeting that includes the following:
The date, time, and location of the meeting; The list of all candidates; and
A statement that 20 percent of the association present or voting by proxy or secret ballot will satisfy the quorum requirement 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.
Assuming the association complies with the above
requirements, then at the adjourned meeting, the required quorum to conduct the election automatically reduces to twenty percent. This will hopefully enable more associations
to successfully conduct director elections even in the face of ongoing difficulties encouraging the membership to participate in the process.
While not required under the statute, boards may wish to discuss with legal counsel whether election rules should be updated to take advantage of new legislative changes pertaining to director elections. These updates should incorporate the above pre- ballot statements and new pre-adjournment meeting notices into the association’s regular election procedures so there is no question as to the procedures that must be followed in order to take advantage of a reduced quorum needed to make every vote count.
—Racheal E. Solomon and Daniel C. Heaton are Senior Associates at Nordberg | DeNichilo, LLP, exclusively representing community associations throughout California as corporate and litigation counsel. They may be reached at 949.654.1510 or
www.ndhoalaw.com.
“[AB 1458] will hopefully enable more associations to successfully conduct director elections even in the face of ongoing difficulties encouraging the membership to participate in the process.”
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