Legal Question in Real Estate Law in California
Can 50% of homeowners signatures on a petition force board of directors to reverse decision to levy special assessment to increase funding in Reserve Account to 100%
Asked on 6/25/12, 7:19 am
2 Answers from Attorneys
That would depend on the CC&R's and By-laws of the association.
Answered on 6/25/12, 10:14 am
Bryan Whipple
Bryan R. R. Whipple, Attorney at Law
Probably not. Signatures on a petition -- even 100% of the homeowners -- have no legal force or effect, per se. That is, unless the HOA's own rules contain a (highly unusual) provision to the effect that petitions have force and effect in and of themselves. A petition is a request for action, not an action in itself.
Answered on 6/25/12, 11:06 am
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
