Legal Question in Business Law in California

HOA bylaws or Corporate Code

We have a conflict between our HOA BYLAWS and the Davis-Stirling Act. EG: Davis-Stirling says 5% of the membership is all that is required to present a petition (in this case for recall), and cites the California Corporate code §7510(e)to support this.

HOWEVER, our HOA BYLAWS state that a Special Meeting can be called by the President, or by the majority of the Board, or by 1 or more members holding NO LESS than 40% of the voting power of the assocation.

That would indicate that OUR corporation is set up to require 40% of the voting members signatures FIRST before we can hold a meeting. Which takes precedent, our HOA BYLAWS (1971) or curret Corporate Code?

Thanks


Asked on 9/29/04, 10:57 am

2 Answers from Attorneys
Larry Rothman Larry Rothman & Associates

Re: HOA bylaws or Corporate Code

The more limited approach applies. You may be able to petition the court if you cannot get the appropriate votes. We really need to review your documents. Please contact us if you want some assistance. We handle cases throughout California.

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Answered on 10/07/04, 10:34 am
Christopher M. Brainard, Esq. C. M. Brainard & Associates - (310) 266-4115

Re: HOA bylaws or Corporate Code

The code controls. You may contact me if you need representation.

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Answered on 9/29/04, 1:19 pm


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