Davis-Stirling Disputes Question (California)

A group of home owners have a dispute with the board. We think we followed the Davis-Stirling Act for requesting a dispute resolution meeting. We had that session with all board and home owners that we thought was a dispute resolution meeting under the act. But the board's position is that the meeting is not a dispute resolution meeting because it can only be between one home owner and one appointed board member.

Is it the intention of the Davis-Stirling act that a dispute resolution meeting can not be held between multiple home owners with the same issue? or must each home owner have an individual meeting on the same issue?

Thanks

It looks like the above is for resolution involving 2 homeowners with a board member acting as a mediator.

Are you saying that you called a special meeting of the Members for the purpose of having the board explain something?

What was the resolution of the meeting/

Actually, that clause, as I understand it, is for dispute resolution between a home owner and a situation involving the board. We (the 27 homeowners) called the meeting with the board to explain our grievances. The result was no result. We had to force the board to assign a member to meet with our point person and they were unwilling to give a date or even a time period when that would happen. There was such an outburst over this, that the president said he would meet with our point person within a week, but would not say what he would be willing to talk about at that session.

What was very clear is that the board didn't consider that session to be a dispute resolution session and would prefer to have individual sessions.

Terry

Your other alternative is look in your bylaws and gather a petition calling for a "Special Meeting of the Members" It will require a quorum, based on the number stated in your Bylaws. Your petition must be specific about the issue and it must be so stated on the petition.

Another option is calling for a Town Hall meeting of the members. It isn't "official", but can bring the issue out in the open and doesn't require official notice or quorum.

The "special session" is actually listed in your Bylaws under Meetings of Members and then Special Meeting. Typically, your Bylaws will state that a Special Meeting of the Members can be called for by the President, any two Board Members or 5% of the total voting power of the Association.

I have attached a link to our Bylaws. The provision I mentioned is under Section 3.3

.

Davis-Stirling provides for a special meeting, which can be called by the Directors, by a petition signed by 5% of the members, or by others (as specified in the by-laws).

Here it is.

Rob

Special Membership Meetings

Who May Call a Meeting. As provided for in Corp. Code §7510(e), special meetings may be called for any lawful purpose by the following:

* Directors. By the board, the chairman of the board, or the president.
* Petition. By petition of the membership signed by at least 5% of the members. The right to call a meeting by 5% of the membership cannot be changed or eliminated by contrary provisions in the bylaws. Members are restricted on the purpose of special meeting.
* Others. By such other persons as are specified in the bylaws.

Setting the Date. The date of the special meeting is set by the board and may not be less than 35 nor more than 90 days from receipt of request. Corp. Code §7511(c).

Notice of Meeting. The board has 20 days from receipt of the petition to set the date and give notice of the meeting. If the board does not do so, the persons calling the meeting may set the date and give notice. Corp. Code §7511(c). If the board fails to give notice, the petitioners may give notice which is not less than 10 nor more than 90 days before the date of the meeting. Corp. Code §7511(a). However, the 10-day minimum was modified by Civil Code §1363.03(e), which requires at least 30-days of balloting. As a result, notice must be at least 30 days. As provided for in Corp. Code §7511, notice may be given by any of the following means:

* first-class, registered, or certified mail,
* personal delivery, or
* electronically to those members who agreed to this method of notice

Agenda. Notice of meetings must specify those matters that will be presented for action by the membership. Civil Code §1363.03(e). Business at the meeting is limited to noticed items only; no other business may be transacted. Corp. Code §7511(a).

Parliamentary Procedure. Membership meetings must be conducted in accordance with a recognized system of parliamentary procedure or any parliamentary procedures the association may adopt. Civil Code §1363(d).

Voting. Voting on issues may be done entirely through the mail without a meeting of the membership. If balloting is done without a meeting, a special ballot form must be used. A board or membership meeting is still required for purposes of publicly opening and counting the ballots.

Read more: Meetings - special http://www.davis-stirling.com/MainMenu/MainIndex/Meetingsspecial/tabid/586/Default.aspx#ixzz1Azfj6c4Q
from Davis-Stirling.com by Adams Kessler PLC