Real Estate Law
Have Real Estate Law Questions? Ask a Real Estate Lawyer.
Hi, My name is XXXXX XXXXX I will be assisting you. If I have not Answered your question, please let me know and I will be glad to explain further
If you and the other homeowners want to remove the Board, it must be done by holding a Special Meeting, not by Petition.
You would give all the homeowners notice of the Special Meeting which would include all of the following:
1. Date, time, and location of the Special Meeting
2. Purpose of the Special Meeting (To remove Board and hold elections for new Board)
3. Agenda - Removal of Board and election of new Board (In these situations, the only issues which can be discussed at a Special Meeting is the issues listed on the Agenda which is enclosed with the Notice of Special Meeting)
4. In paragraph form, the exact language which will be presented to the homeowners for their vote,
The By-Laws will tell you how much advance notice must be given for a Special Meeting and how many members must attend in order to constitute a quorum. You must check your By-Laws because this is not set by law, but rather, by the By-Laws for each specific HOA,
Please be kind enough to rate Excellent Service" so that I receive credit for assisting you, it will not cost you anything additional to give me a positive rating, and that is the only way I can receive credit, Thank you for understanding,
Bonus and Positive Feedback on survey is very much appreciated,
Hi, Don, Thank you for your follow up question and the opportunity to explain further,
Any homeowner has the right to call a Special Meeting, and there is nothing to sign. Generally, what happens is the homeowners with similar interests usually talk among themselves and decide that a Special Meeting is in order to correct a problem.
And, yes, you just call a Special Meeting with the Notice I referred to in my previous Answer and include the information I listed.
There is no need to name any Board member. The purpose and the Agenda which is included in the Notice of Special Meeting states that it will be for the purpose of removing the present Board and to elect a new Board of Directors,
The Davis-Stirling Common Interest Development Act (the "ACT") enacted by the California State Legislature in 1985 is the name of that part of the California Civil Code beginning at § 1350 which governs condominium, cooperative, and planned unit development communities in California.
Please click on the link below to access the California Civil Code, starting with §1350,
Because HOA's, condominiums, and planned unit developments overlap, they are all under the Act.
However, most of what you will need should be in your By-Laws,
Please do not forget to leave a positive rating so that I can receive credit for researching your question, otherwise I will not receive any credit for my time and effort,
That is correct, your By-Laws only require 5% of the members to call a Special Meeting.
Also, look at your By-Laws to see how many members must be in attendance which will constitute a quorum, and also, how many votes are required to pass a measure.
Good evening, Don, I see that you have had the opportunity to review my Answers. Is there anything on which you would like further clarification ? If not, please be kind enough to give a positive rating so that I can receive credit for researching your questions and furnishing you with Answers. It will not cost you anything additional, but it is necessary in order that I receive credit for assisting you. Thank you for understanding,
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).