Legal Question in Real Estate Law in California

My HOA is located in Riverside, CA. We have 39 single family homes included in the HOA. Our Bylaws stated " the entire Board of Directors may be removed without cause by a majority of members of the Association at a meeting at which quorum is present" The quorum is 20 out of the 39 total owners.

My question is what if 25 of the homeowners cast their Recall and Election ballots and only 18 in favor of the removal of the current Board of Directors. Does this meet "the majority votes AT A MEETING at which the quorum is present" ?

Some homeowners said Recall the Board requires 20 out of the 39 owners in favor of the removal. Some homeowners said majority of the votes present AT A MEETING at which quorum is present.

Can you please let me know which statement is correct? Thanks a lot for your help.


Asked on 7/26/23, 12:58 pm

1 Answer from Attorneys

Well that's an annoying ambiguity. Normally the provision would say, "a majority of the members of the Association VOTING at a meeting at which quorum is present." That would clearly mean as long as there's a quorum a majority of the people who showed up to vote is enough. That would still be the normal interpretation of that phrase, but it is less than certain. If there aren't 20 votes that will show up and vote to remove, it sounds like you need to amend the by-laws to clarify things before voting to remove.

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Answered on 7/27/23, 6:14 pm


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