Reversing or Repealing
An HOA Rule – Because members do not “vote” on rule changes, there is no mechanism to stop a rule change before it takes effect. However, the law allows members to reverse a recent rule change. As long as members act promptly – within 30 days of the association’s delivery of the new rule for review – members may use a process for calling a special meeting to reverse a rule change. If the members are successful, the board cannot introduce the rule again for one year.
The reversal process is set forth in California Civil Code 4365.
Members of an association owning five (5) percent or more of the separate interests may call a special vote of the members to reverse a rule change.
A special vote of the members may be called by delivering a written request to the association. Not less than 35 days nor more than 90 days after receipt of a proper request, the association shall hold a vote of the members on whether to reverse the rule change, pursuant to Article 4 (commencing with Section 5100) of Chapter 6. The written request may not be delivered more than 30 days after the association gives general notice of the rule change, pursuant to Section 4045.
This article was assisted from content found in an article by the Educational Community of Homeowners.