Legal Question in Civil Rights Law in California

The rules regarding voting procedures in our planned community are as stated:

If a quorum of District members is not achieved at the special meeting of District members convened for the purpose of obtaining an instructional vote, if less than fifty percent (50%) of District members actually cast an instructional vote, or if no special meeting of District members is called by the delegate, then the delegate shall cast the represented District�s voting power in the manner the delegate may deem appropriate, in the delegate�s sole discretion, acting on behalf of all the members owning lots in his or her district. [Declaration, Article 3, Section 3.11(d)]

If I interpret this correctly, if a delegate chooses not to call a special meeting of the district members, he can vote however he chooses. Does this not completely disenfranchise the members of the association.


Asked on 6/11/11, 3:10 pm

1 Answer from Attorneys
George Shers Law Offices of Georges H. Shers

I would have to see the rest of your CC&R's, but the section you cite deals with instructional votes, which means that the delegate can vote however they want anyway. There may be another section dealing with the calling of special meetings. State law requires that increasing the monthly home owner fees by over a certain amount have to be voted in by a majority of the homeowners and not delegates.

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Answered on 6/11/11, 6:40 pm


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