Rules

We haven't needed to overturn a rule in my HOA, so I haven't looked up the procedure. If Owners want to overturn a rule, visit Davis-stirling.com, Rules, to see what is required by CA statute.

If the Board wants to end a rule, it meets and votes to overturn it. Then they send out a notice to Owners for a 30-day comment period. at a subsequent meeting, the board should take the comments into account before they vote on a final decision.

Oops yes a proposed rule change. If there is 5 percent that opposed then it goes back to the board again? Or the membership needs to vote to
Keep it or membership vote to not keep
It

Here is the proper procedure for MEMBERS to overturn a rule the Board approved. Keep in mind, it only take a majority of quorum to overturn. For instance, if you have 100 unit and quorum is a majority or 51, then you need 51 proxies that allow the holder vote on your behalf. 26 affirmative votes would be needed.

PETITION TO REVERSE RULE:

Members owning 5% or more of the separate interests may call a special meeting of the members to reverse a rule change. (Civ. Code §4365.) The written request may not be delivered more than 30 days after the members of the association are notified of the rule change. (Civ. Code §4365(b).) The rule change may be reversed by the affirmative vote of a majority of the votes represented and voting at a duly held meeting at which a quorum is present. (Civ. Code §4365(d).)

Notice of Meeting. The association (through its board of directors) must give notice of a special meeting and send out ballots.

Notice of Voting Results. The results of the membership vote must be provided to the membership within 15 days of the vote. (Civ. Code §4365(g).) If an operating rule is reversed, it cannot be re-adopted by the board for at least one year. However, the board may vote on other operating rules covering the same subject. (Civ. Code §4365(f).)

It is about street parking between 3:00 am and 5:00 am. Useless rule IMO serves no purpose. It has been a rule for 12 years but never enforced or reason to be enforced. Very few people park on the street, but we are updating our rules and this has come up because certain board members think if we keep it then they will need a security patrol to enforce it, if they have a security company they can get a camera system. I just don't think the cost to the association outweighs the benefit.
Management company said it only takes 5% to overturn, which in our small tract would be 3 owners. But from what I read it would take majority of the members or is it the majority of the members that show up at the meeting?

Ok that explains that. One more question. Does the requirement say members must be ta the actual meeting or is it a vote that they could just return a ballot like we do at elections and count the ballots as quorum? I thank you for all your help.