California’s Assembly Bill (AB) 2460 introduces critical updates to existing Homeowners Association (HOA) election laws. This new legislation modifies Civil Code section 5115 and Corporations Code section 7512, focusing on quorum requirements and notice periods for HOA member elections.
Key Changes Introduced by AB 2460
Under the previous law, a quorum was required in member elections only when mandated by law—such as approving special assessments under Civil Code section 5605(b)—or when specified in the HOA’s governing documents. If the required quorum was not achieved, the HOA could postpone the election meeting for at least 20 days, reducing the quorum threshold to 20% of the members present (in person, by secret ballot, or by proxy).
New Notice Requirements
AB 2460 changes the notice requirements for HOA election meetings:
- 15-Day Notice for Reconvened Meetings: Homeowners associations must provide at least 15 days’ notice before a reconvened meeting if the quorum is not met at the initial meeting.
- This ensures members are adequately informed about rescheduled elections, aligning with the 20-day postponement requirement.
Updated Quorum Thresholds
The new law standardizes quorum requirements:
- 20% Quorum for Reconvened Meetings: Unless the governing documents specify a lower threshold, the quorum requirement at reconvened meetings is 20% of members voting in person, by ballot, or by proxy.
- Lower Threshold Precedence: If an HOA’s governing documents specify a quorum requirement lower than 20%, that threshold takes precedence over the law.
Implications for Homeowners Associations
These changes are designed to promote transparency and ensure fair election processes within HOAs. By standardizing the quorum and notice requirements, AB 2460 reduces ambiguity and helps HOAs adhere to clear guidelines.
Ask an HOA Law Attorney Today
Navigating changes in HOA laws can be complex. If your HOA needs professional guidance on compliance with AB 2460 or any other regulations, we’re here to help. Call Hudack Law toll-free at (877) 314-4309 or visit our website to schedule a consultation. We proudly serve California, Utah, and Arizona.