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Subject: Special Meeting of the Members
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12/19/2010 9:51 AM  
Can homeowners call for a special meeting of the members to focus board's attention on specific issues. What is the process to do this? Can it just be a discussion, or does meeting require that a vote is taken on the issue(s)?


12/19/2010 10:07 AM  
The rules governing a special meeting will be found in your bylaws.

In our association, we need 25% of the total association vote to sign a petition requesting a special meeting. The petition must state exactly what motions will be considered at the meeting. Once the petition has gathered enough signatures, the President is obligated to convene the meeting. The meeting will be strictly limited to the motions specified on the petition, plus amendments and derivative motions. The votes on motions raised at the special meeting are binding on the association Board.


12/19/2010 12:09 PM  
Betty since you are in California Davis-Stirling applies:

Special Membership Meetings
Who May Call a Membership Meeting. As provided for in Corp. Code §7510(e), special meetings may be called for any lawful purpose by the following:

1. Directors. By the board, the chairman of the board, or the president.

2. Petition. By petition of the membership signed by at least 5% of the members. The right to call a meeting by 5% of the membership cannot be changed or eliminated by contrary provisions in the bylaws. Members are restricted on the purpose of special meeting.

3. Others. By such other persons as are specified in the bylaws.

Setting the Date. The date of the special meeting is set by the board and may not be less than 35 nor more than 90 days from receipt of request. Corp. Code §7511(c).

Notice of Meeting. The board has 20 days from receipt of the petition to set the date and give notice of the meeting. If the board does not do so, the persons calling the meeting may set the date and give notice. Corp. Code §7511(c). If the board fails to give notice, the petitioners may give notice which is not less than 10 nor more than 90 days before the date of the meeting. Corp. Code §7511(a). However, the 10-day minimum was modified by Civil Code §1363.03(e), which requires at least 30-days of balloting. As a result, notice must be at least 30 days. As provided for in Corp. Code §7511, notice may be given by any of the following means:

* first-class, registered, or certified mail,
* personal delivery, or
* electronically to those members who agreed to this method of notice

Agenda. Notice of meetings must specify those matters that will be presented for action by the membership. Civil Code §1363.03(e). Business at the meeting is limited to noticed items only; no other business may be transacted. Corp. Code §7511(a).

Parliamentary Procedure. Membership meetings must be conducted in accordance with a recognized system of parliamentary procedure or any parliamentary procedures the association may adopt. Civil Code §1363(d).

Voting. Voting on issues may be done entirely through the mail without a meeting of the membership. If balloting is done without a meeting, a special ballot form must be used. A board or membership meeting is still required for purposes of publicly opening and counting the ballots.

Read more: Meetings - special
from by Adams Kessler PLC

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12/19/2010 2:05 PM  
Thank you. Question: Does special meeting have to include a vote? Or can it be just a discussion?


12/19/2010 2:09 PM  

To paraphrase Yoda, "Do or do not, there is no discuss".

Parliamentary procedure is all about motions. The body makes motions and votes on them. Discussions occur only in the context of a motion.



12/20/2010 4:11 PM  
The Notice of the Meeting should state the purpose of the meeting. Sure, you can state that the purpose of the meeting is to discuss something, BUT you can't vote on a motion if the motion was not stated in the Notice.

It can be something as simple as Purpose of the meeting is to 1) discuss the xyzzz problem and to 2) vote on a motion to require the board to establish a committee to investigate the xyzz issue and report back to the Members within 30 days.
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