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?
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.
: Associations needing legal assistance can contact us
To stay current with issues affecting community associations, subscribe to the Davis-Stirling Newsletter