HOA board terms

Started by YvonneS • 3 replies • 1278 views

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YvonneS (California)
Posts: 2

Posted:

Our Board president and treasurer sent out a ballot by mail to change our board terms to 4 years. Our HOA is in CA. Our CC&Rs state the one year term. Can this ballot change what is in the CC&Rs?

JimG2 (California)
Posts: 6

Posted:

Look it up in the Davis Stirling Act

RogerB (Colorado)
Posts: 5,067

Posted:

No, Yvonne a ballot can not change the CC&Rs. A state statute may or else the CC&Rs would need to be amended.

DaneC (California)
Posts: 210

Posted:

Usually CC&R's relate to conditions that run with the land. The By-Laws and Articles are what generally relate to the operation of the Association. Here in California, for directions relating to Directors terms of office, refer to Corporations Code Section 7220 -

7220. (a) Except as provided in subdivision (d), directors shall be
elected for such terms, not longer than four years, as are fixed in
the articles or bylaws. However, the terms of directors of a
corporation without members may be up to six years. In the absence
of any provision in the articles or bylaws, the term shall be one
year.

Here is the link to Election procedures.
http://www.leginfo.ca.gov/cgi-bin/displaycode?section=civ&group=01001-02000&file=1363.03-1363.09

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