Legal Question in Real Estate Law in California

Re: Hoa voting quorums

This is complicated and you must meet certain criteria. There is no judicial council form. The Petition must be on 28 line paper. You should hire an attorney to review your documentation and assist you with the Petition.

Re: Hoa voting quorums

Corporations Code section 7515 provides a method for jump-starting nonprofit mutual benefit corporations that have become unable to function because of lost or non-functioing officers, members or records. Subsection (a) provides: "If for any reason it is impractical or unduly difficult for any corporation to call or conduct a meeting of its members, delegates or directors, or otherwise obtain their consent, in the manner prescribed by its articles or bylaws, or this part, then the superior court of the proper county, upon petition of a director, officer, delegate or member, may order that such a meeting be called or that a written ballot or other form of obtaining the vote of members, delegates or directors be authorized, in such a manner as the court finds fair and equitable under the circumstances."

Other subsections go on to spell out the procedure, and similar laws are on the books for other types of nonprofits, but 7515 would cover many HOAs.

I have a form or template that can be used as a guide to creating a Petition for Order and a couple pages out of a corporations law practice guide covering "Court procedure restoring regularity to corporate meetings." There is also one appellate case in this area, Greenback Townhomes HOA v. Rizan (1985) 166 Cal.App.3d 843.

Keep in mind when thinking about legal forms that there are two very different kinds in use: There are those that you can buy at an upscale stationer's or download from the California Judicial Council's Web site at www.courts.ca.gov/forms which are ready for immediate use by filling in the blanks; then there are template-type forms supplied with practice manuals for lawyers, where there is nothing you can use without retyping it because basically what you get is line-by-line set of instructions where the user starts from scratch but can copy heavily from the template.

If you contact me directly I can provide you these materials.

Re: Hoa voting quorums

There is no "form". Nor can the court do so without a proper vote, usually a supermajority of the owners.