By: Laurie F. Masotto, Esq. (originally published Summer 1998)
At a board meeting, a “happy homeowner” who routinely violates the CC&Rs delivers a petition signed by six out of 100 homeowners, stating they want to call a special meeting of the members for the purpose of recalling the Board. Questions frequently asked are: (1) do we have to schedule a meeting (stated another way, we don’t think the homeowners have a good reason to recall us!), (2) if so, when do we have to give notice of the meeting, and (3) when does the meeting have to take place?
Under the Corporations Code Section 7511(c), upon a written request by at least 5% of the membership, a special meeting shall be called. The notice to the members of such special meeting must be sent no later than 20 days after receipt of the request. If the notice is not given, the association runs the risk of a court action being filed by those owners in which the court can order notice be given. The time and date of the meeting is to be determined by the board, and the meeting must take place not less than 35 nor more than 90 days after the receipt of the request. The meeting notice should reflect the date, time and purpose of the meeting as stated by the requesting party.
Please direct any questions regarding special members’ meetings to our office.