|Chapter: 1 | 2 | 3 | 4 | 5 | 6 | 7 | 8 | 9 | 10 | 11 |||General Provisions|
|Article: 1 | 2 |||Preliminary Provisions|
|Section: 4000 | 4005 | 4010 | 4020 | 4035 | 4040 | 4041 | 4045 | 4050 | 4055 | 4065 | 4070 ||
Section 4070 - Approval by "Majority of a Quorum"
If a provision of this act requires that an action be approved by a majority of a quorum of the members, the action shall be approved or ratified by an affirmative vote of a majority of the votes represented and voting in a duly held election in which a quorum is represented, which affirmative votes also constitute a majority of the required quorum.
Note: This Section only applies to those provisions of the Act which require approval by a "majority of quorum": Sections 4230(d), 4365(d), 5605 and 5620(b).
By its terms, it only applies to votes pursuant to these listed statutes. The procedures set forth in this Section are similar to the normal voting process established by the Corporations Code which requires sufficient votes to be cast to constitute a quorum and the affirmative vote of a majority of the votes cast. This Section does not apply in the following situations:
(1) Certain provisions require a vote that is greater than a "majority": Section 4270 (amendment to the Declaration if a greater than majority approval is specified in the Declaration) or Section 4600 (grant of exclusive use of common area to a member). By its terms, Section 4070 is limited to approval by a majority of a quorum.
(2) Various provisions of the governing documents may establish two-class voting procedures, super-majority voting requirements, action by written ballot or other specific procedures for approval of specified actions by the members. All of those are outside the scope of Section 4070.
Except in the limited situations to which this Section or Section 4065 applies, Corporations Code Section 7512 governs voting at a meeting and Corporations Code Section 7513 governs voting by written ballot. Section 7512 generally requires a quorum to be present in person or by proxy and the approval by a majority (or greater number of votes if applicable) of the votes actually cast. Although the requirements of this Section and Corporations Code Section 7512 are similar, Section 7512 does not include the requirement that the affirmative votes constitute a "majority of the required quorum." This distinction is relevant if some members present are either not entitled to vote or do not vote.
Section 4065 (approval by a "majority of all members") applies to specific provisions of the Act that reference that Section.
First Enacted: Statutes of 2012, Chapter 180
Amended: Statutes of 2013, Chapter 183
Similar to: CI-CID Section 6524