Homeowners’ Right to Call a “Special” Membership Meeting
Member Meetings
Many homeowners in common interest developments feel frustrated when their concerns go unanswered by the property manager or board of directors. While that frustration is understandable, it’s important to remember that homeowners are not powerless. One of the most effective — and often underused — tools available to members is the right to petition for a special meeting of the membership.
Special membership meetings are provided for both in state statutes and in the governing documents of homeowners associations, usually in the bylaws. They allow members to come together and address issues of common concern directly, rather than waiting for the board to take action.
How the Process Works
Calling a special membership meeting begins with a petition signed by a certain percentage of the association’s members. The exact number is determined by state law and cannot be overridden by an association’s governing documents.
For example, in California, Corporations Code §7510(e) provides that members holding 5% or more of the voting power may call a special meeting. In a 50-member association, that means a petition signed by just three members would be enough to require a special meeting — provided the meeting is called for a lawful purpose.
Preparing and Circulating the Petition
Typically, the homeowner spearheading the effort drafts the petition and circulates it to other members for signatures. The purpose of the meeting must be stated clearly at the top of the petition, above the signature lines, in a font large enough to be easily noticed and read before signing. Clear communication of the purpose helps ensure that members understand what they’re supporting.
What Happens After the Petition Is Submitted
Once the petition is delivered to the board of directors, the board usually has a set number of days (for example, 20 days) under statute to schedule the special meeting and issue formal notice to all members. The notice must specify the date, time, and location of the meeting and describe, in general terms, the business to be discussed.
If the board fails to act after receiving a valid petition, the members who submitted it have the right to give notice themselves or to seek a court order compelling the meeting to be held. These steps must be taken carefully and in accordance with applicable statutory procedures.
Conducting the Meeting
Unless the board or president designates otherwise, the association’s president typically chairs the special membership meeting. Business at the meeting is limited to the topics described in the notice — no new matters may be introduced or voted on that were not included.
Final Thoughts
Because specific procedural requirements govern how special meetings are called and conducted, it’s essential to review your state’s statutes and your association’s governing documents before preparing or circulating a petition.
When there’s any uncertainty about the process, members should consult with qualified legal counsel experienced in community association law in their state. A brief consultation can help ensure that the petition and meeting procedures comply with all legal requirements — and that homeowners’ efforts to make their voices heard are effective and enforceable.