EddieM1 (California)
Posts: 6
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.
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.