Civ. Code Section 5350(b), (c)

Old Code: None

New Code: 5350(b), (c)

Subject: Required recusal of directors from specific matters

(b) A director or member of a committee shall not vote on any of the following matters:

(1) Discipline of the director or committee member.

(2) An assessment against the director or committee member for damage to the common area or facilities.

(3) A request, by the director or committee member, for a payment plan for overdue assessments.

(4) A decision whether to foreclose on a lien on the separate interest of the director or committee member.

(5) Review of a proposed physical change to the separate interest of the director or committee member.

(6) A grant of exclusive use common area to the director or committee member.

(c) Nothing in this section limits any other provision of law or the governing documents that govern a decision in which a director may have an interest.

Substantive Changes: Although the above is by no means an exhaustive list of matters from which directors should recuse themselves, the New Code now provides specific instances where recusal is required.