Rule Change Reversal

Just because a rule change is implemented does not mean the rule is final and above repeal.  According to Civil Code Section 1357.140, members of an Association owning 5% or more of the separate interests may call a special meeting of the members to reverse a rule change.  This means a common interest development consisting of 200 homes needs only 10 owners who disagree with the new rule to request the special meeting.  The request for special meeting can be delivered to the Association any time up to 30 days after the members are notified of the rule change.  The rule change can be reversed by the affirmative vote of a majority of the votes represented and voting at a special meeting in which a quorum is present (i.e., a majority of a quorum).  Boards should contact the attorneys at Kriger Law Firm as soon as they get notice of a special meeting request following a rule change.

Jamie Schwartz