Question:
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?
Tricia
Answer:
Hi Tricia,
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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