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: