Who May Call a Meeting. As provided for in
Corp. Code §7510(e), special meetings may be called for any lawful purpose by the following:
Directors. By the board, the chairman of the board, or the president.
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.
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.
Method of Notice. As provided for in
Corp. Code §7511(b), notice may be given by any of the following means:
personally,
electronically, or
- by mail or other means of written communication addressed to a member at the address of the member
appearing on the books of the association or given by the member to the
association for purpose 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.