Special Meetings of the Membership

MEETINGS OF THE MEMBERSHIP

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.
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. As provided for in Corp. Code §7511, notice may be given by any of the following means:

first-class, registered, or certified mail,
personal delivery, or
electronically to those members who agreed to this method of notice

Agenda. Notice of meetings must specify those matters the board intends to present for action by the membership. Civil Code §1363.3(e) Business at the meeting is limited to noticed items only; no other business may be transacted. Corp. Code §7511(a)

Waiver of Notice. Attendance of a person at a meeting shall constitute a waiver of notice of and presence at the meeting, except when the person objects, at the beginning of the meeting, to the transaction of any business because the meeting is not lawfully called or convened and except that attendance at a meeting is not a waiver of any right to object to the consideration of matters required by this part to be included in the notice but not so included, if the objection is expressly made at the meeting. Corp. Code §7511(e)

Parliamentary Procedure. Membership meetings shall be conducted in accordance with a recognized system of parliamentary procedure or any parliamentary procedures the association may adopt. Civil Code §1363(d)

Updated by ADAMS KESSLER 10/3/2008