Required to Hold Meeting. Associations are required to hold annual membership meetings to elect directors as provided for in the association's bylaws (older documents sometimes provide for meeting dates in the CC&Rs).

Failure to Hold Meeting. If the board fails or refuses to hold an annual membership meeting within 60 days after the date designated in the governing documents or within 15 months of the association's last regular meeting, any member can file a petition in superior court to have the court order a meeting. Corp. Code §7510(c); Samii v La Villa Grande. Until such time as a new election is held, the existing board remains in power until successors have been elected and qualified. Corp. Code §7220(b).

Court Petition to Reduce Quorum. If the failure to hold an annual meeting is due to a lack of quorum, the board or any member can file a petition with the court under Corp. Code §7515 to lower the quorum requirement to the number of ballots cast. The management company on its own has no legal authority to file a court petition. That right is reserved for an association board and members.

RECOMMENDATION: If the inability to meet quorum is a persistent problem, associations should consider amending their documents to eliminate quorum requirements for the election of directors.