Adams Stirling PLC


QUESTION: Some owners insist that if we do not enact a rule they want, they will force the board to send a ballot to the membership for a vote. Can they force the board to place a rule change on a ballot?

ANSWER: No they can't, at least not directly. Only the board has the authority to adopt and amend rules. (Civ. Code §4360.) Members can, however, veto a rule if they follow the steps described in Civil Code §4365 but that is the extent of membership authority.

Although members can petition for a special meeting for any lawful purpose (Corp. Code §7510(e)), forcing a ballot to add or change rules is not within their authority (unless the governing documents state otherwise). Indirectly, members can change the rules by electing board members who agree with their position.

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Adams Stirling PLC