Legal Question in Real Estate Law in California
Homeowners Association Annual Meeting Date
Dear Sir/Madam:
In a homeowners association, mutual benefit
non-profit corporation, what is the process for changing the date of the annual membership meeting in which the election of the board of directors is held.
The governing documents for this particular association only dictate that the first annual meeting shall be held no later than 6 months after the close of escrow on the last unit. My guess is that one must amend the CC&Rs to accomplish the date change, am I correct?
1 Answer from Attorneys
Re: Homeowners Association Annual Meeting Date
You would need to amend anything that contains a contrary provision. The CC&Rs should be examined for any reference to a meeting date and amended if necessary. A more likely place to look is the articles of incorporation and the bylaws of the nonprofit corporation. That is also the place where the process for amendment is likely to be specified.
You might want to review Corporations Code sections 7510 et seq. regarding meetings -- and suggesting that the BYLAWS usually govern. You can find California statute books at many libraries and on line.
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