§ 2792.19. Reasonable Arrangements -Election of Governing Body.

(a) The first election of a governing body for the Association shall be conducted at the first meeting of the Association. All positions on the governing body shall be filled at that election.

(b) (1) Voting for the governing body shall be by secret written ballot. Cumulative voting in the election of governing body members shall be prescribed for all elections in which more than two positions on the governing body are to be filled subject only to the procedural prerequisites to cumulative voting prescribed in Section 7615(b) of the Corporations Code.

(2) Unless the entire governing body is removed from office by the vote of members of the Association, no individual governing body members shall be removed prior to the expiration of his term of office if the votes cast against removal would be sufficient to elect the governing body member if voted cumulatively at an election at which the same total number of votes were cast and the entire number of governing body members authorized at the time of the most recent election of the governing body member were then being elected.

(c) (1) A special procedure shall be established by the governing instruments to assure that from the first election of the governing body and thereafter for so long as a majority of the voting power of the Association resides in the subdivider, or so long as there are two outstanding classes of membership in the Association, not less than 20% of the incumbents on the governing body shall have been elected solely by the votes of owners other than the subdivider.

(2) A governing body member who has been elected to office solely by the votes of members of the Association other than the subdivider may be removed from office prior to the expiration of his term of office only by the vote of at least a simple majority of the voting power residing in members other than the subdivider.

HISTORY

1. New section filed 1-16-76; effective thirtieth day thereafter (Register 76, No. 3).

2. Amendment filed 2-10-77; effective thirtieth day thereafter (Register 77, No. 7).

3. Amendment of subsection (b)(2) filed 1-17-80; effective thirtieth day thereafter (Register 80, No. 3).

4. Amendment filed 7-9-80; effective thirtieth day thereafter (Register 80, No. 28).

5. Amendment of subsection (b)(2) and repealer of subsection (d) filed 11-13-96; operative 11-13-96 pursuant to Government Code section 11343.4(d) (Register 96, No. 46).

Note

Note: Authority cited: Sections 10080 and 11001, Business and Professions Code and Section 21082, Public Resources Code. Reference: Section 11018.5, Business and Professions Code.