HOA Nut House

Margaret G. “Gen” Wangler | Special to The Desert Sun

The Davis-Stirling Common Interest Development Act provides that before a homeowners association's board of directors may adopt a new rule, the proposed rule must be sent to all of the members for a 30-day comment period.

The board must consider any comments it receives from the members before it adopts the rule but may adopt a rule even though many members speak out against the rule.

Sometimes a board of directors adopts a rule that proves very unpopular.

Question: The board of directors of my association recently passed a new parking rule even though the board received many negative comments on the proposed rule from the members. Is there anything the members can do to reverse this new rule?

Answer: Yes. The act provides that 5 percent of the members of the association may present a written request for a special meeting of the members for the purpose of voting to reverse a rule change.

The request must be presented to the president or secretary of the association not more than 30 days after the members of the association are notified of the rule change. If a board receives such a request, it must schedule and hold a special members' meeting for the purpose of voting to reverse the rule change.

The new rule may be reversed by the affirmative vote of a majority of a quorum of the members, unless the association's governing documents require the approval of a higher proportion of the membership.

A rule that is reversed by a vote of the members may not be readopted for one year after the date of the meeting reversing the rule change.

However, the board is not prevented from adopting a rule on the same subject of the rule that was reversed.

Margaret G. “Gen” Wangler is a senior shareholder with Fiore, Racobs & Powers.

Source