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EddieM1 (California)
Posts: 6
Posted:
Our HOA recently passed a set of rules and regulations using the following timeline as per Civil Code 1357.130:

6-24-10 => "Notification of Rules Change" - the rules document is mailed to all members of the association for review. Start of minimum 30-day review period required by law.

7-24-10 => End of minumum 30-day review period required by law.

8-3-10 => "Adoption of Rules" - the rules are unanimously adopted by the board of directors in open meeting.
This resulted in an actual 40-day review period, beyond the minimum 30-day period required by law.

8-11-10 => "Notice of Adoption" - members of the association are notifed of the adoption of the rules by mail.
This is 8-days after the adoption of the rules, within the 15-day period required by law.

Davis-Stirling Act - Civil Code 1357.140 - Member Veto of Rule Change
(b) A special meeting of the members may be called by delivering a written request to the president or secretary of the board of directors, after which the board shall deliver notice of the meeting to the association's members and hold the meeting in conformity with Section 7511 of the Corporations Code. The written request may not be delivered more than 30 days after the members of the association are notified of the rule change. Members are deemed to have been notified of a rule change on delivery of notice of the rule change, or on enforcement of the resulting rule, whichever is sooner.

So my question to those on this forum is with regards the the words "notified of the rule change" in the above paragraph. Based on our timeline of events when did this event actually occur ? Was it on 6-24-10 when the membership was sent a “Notification of Rules Change” or was it on 8-11-10 when the membership was sent a “Notice of Adoption” of the rules ?

Reference website for these rules:
http://www.davis-stirling.com/MainIndex/Statutes/CivilCode1357130/tabid/865/Default.aspx
http://www.davis-stirling.com/MainIndex/Statutes/CivilCode1357140/tabid/866/Default.aspx

Thanks in advance for any opinions on this from our local experts.

RichardP13 (California)
Posts: 1,767
Posted:
IMO, the rule would have taken effect on 8/11/2010, unless, for some reeason, the rule was being enforced somewhere within the community, say the following day. Generally, the effective date is notice is mailed, not when you receive them.
RichardP13 (California)
Posts: 1,767
Posted:
Eddie,

Out of curiosity, are you an owner not happy with a rule that the Board just voted on and approved? By posting Section 1357.140, it appears to me you are looking for a way to overturn their decision, am I correct?
MaryA1 (Arizona)
Posts: 7,043
Posted:
Eddie,

The way I interpret the law is that notification of the rule change must be made w/i 15 days after the BOD adopts the new rule. Therefore, based upon the timeline you posted, the members must be notified w/i 15 days of 8/3/10 of the new rule change. Since the notice was mailed on 8/11 the BOD is in compliance of the law. Incidentally the "Notification of Rules Change" mailed to the members on 6/24/10 was actually a notification of a "proposed" rule change.
EddieM1 (California)
Posts: 6
Posted:
Quote:
Posted By RichardP13 on 10/01/2010 1:24 PM
Eddie,

Out of curiosity, are you an owner not happy with a rule that the Board just voted on and approved? By posting Section 1357.140, it appears to me you are looking for a way to overturn their decision, am I correct?

Yes, what I want to know is if the request to repeal the new rule needed to be delivered by 7-24-10 (i.e. 30 days from the "Notification of Rule Change") or by 9-11-10 (i.e. 30 days from the “Notice of Adoption”).
EddieM1 (California)
Posts: 6
Posted:
Quote:
Posted By MaryA1 on 10/01/2010 2:23 PM
Eddie,

The way I interpret the law is that notification of the rule change must be made w/i 15 days after the BOD adopts the new rule. Therefore, based upon the timeline you posted, the members must be notified w/i 15 days of 8/3/10 of the new rule change. Since the notice was mailed on 8/11 the BOD is in compliance of the law. Incidentally the "Notification of Rules Change" mailed to the members on 6/24/10 was actually a notification of a "proposed" rule change.

Yes, I agree that the BOD is in compliance, I just wanted to know what date the request to repeal the rule needed to be in by.
MaryA1 (Arizona)
Posts: 388
Posted:
w/i 15 days of 8/3/10
RichardP13 (California)
Posts: 1,767
Posted:
According to Civil Code 1357.140(b) it is 30 days after you were notified or August 11, according to your timeline.

(b) A special meeting of the members may be called by delivering a written request to the president or secretary of the board of directors, after which the board shall deliver notice of the meeting to the association's members and hold the meeting in conformity with Section 7511 of the Corporations Code. The written request may not be delivered more than 30 days after the members of the association are notified of the rule change. Members are deemed to have been notified of a rule change on delivery of notice of the rule change, or on enforcement of the resulting rule, whichever is sooner. For the purposes of Section 8330 of the Corporations Code, collection of signatures to call a special meeting under this section is a purpose reasonably related to the interests of the members of the association. A member request to copy or inspect the membership list solely for that purpose may not be denied on the grounds that the purpose is not reasonably related to the member's interests as a member.

RichardP13 (California)
Posts: 1,767
Posted:
Your answer was correct, before September 11
EddieM1 (California)
Posts: 6
Posted:
Quote:
Posted By MaryA1 on 10/04/2010 8:29 AM
w/i 15 days of 8/3/10

I agree that this is the date by which the BOD needs to notify the membership of the adoption of the rules by mailing out the actual rules document. However, this has nothing to do with the date by which a petition to repeal the rules had to be submitted by.
EddieM1 (California)
Posts: 6
Posted:
Quote:
Posted By RichardP13 on 10/04/2010 9:02 AM
Your answer was correct, before September 11

I agree with Richard, the petition has to be submitted within 30-days of September 11 (i.e. the date the membership was sent the official adopted rules document).
EddieM1 (California)
Posts: 6
Posted:
Quote:
Posted By EddieM1 on 10/04/2010 6:44 PM
Posted By RichardP13 on 10/04/2010 9:02 AM
Your answer was correct, before September 11


I agree with Richard, the petition has to be submitted within 30-days of September 11 (i.e. the date the membership was sent the official adopted rules document).

I meant August 11 above, hence the latest the petition could be submitted is September 11.

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