Associations are required to hold annual membership meetings to elect directors as provided for in the association's bylaws (older documents sometimes set meeting dates in the CC&Rs).
Failure to Meet. 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 if no date is designated:
(c) If a corporation with members is required by subdivision (b) to hold a regular meeting and fails to hold the regular meeting for a period of 60 days after the date designated therefor or, if no date has been designated, for a period of 15 months after the formation of the corporation or after its last regular meeting, or if the corporation fails to hold a written ballot for a period of 60 days after the date designated therefor, then the superior court of the proper county may summarily order the meeting to be held or the ballot to be conducted upon the application of a member or the Attorney General, after notice to the corporation giving it an opportunity to be heard. (Corp. Code §7510(c); Samii v La Villa Grande.)
No Quorum. If an association cannot achieve quorum, there are options for addressing the problem.
Board Continues. Until such time as a new election is held, directors remain on the board until successors have been elected and qualified. (Corp. Code §7220(b).)
ASSISTANCE: Associations needing legal assistance can contact us.
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