If a homeowner circulates a petition in a HOA community because they don’t agree with an architectural policy and submits it to the property management company, what is the legal process of handling the petition?
California Civil Code §4365 allows members of an association owning 5 percent or more of the separate interests to call a special vote of the members to reverse a rule change. A written request should be delivered to the association not more than 30 days after the HOA provides members with a general notice of the rule change. The association should hold a vote of the members not less than 35 days nor more than 90 days after the receipt of the request. The rule change can be reversed if a majority of a quorum of members vote to reverse it, though some bylaws or declarations may require a greater percentage of affirmative votes.
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