QUESTION: A growing number of home owners in our association want to dispense with cumulative voting which is optional under Corp. Code §7615(a). How is this typically done? Do we need to present a petition to the board to amend our governing documents to remove it? Is the board bound to honor such a request?

ANSWER: Yes, you can present a petition signed by at least 5% of the membership to hold a special meeting for the purpose of voting on an amendment deleting cumulative voting from bylaws (better check your CC&Rs to see if there is a provision there as well). The board is obligated to set a date, appoint an Inspector of Elections, and mail out ballots. If the board is cooperative, the association's attorney can draft the language for the amendment. If the board is not cooperative, you should include the amendment language in your petition so it will appear on the ballot.