Annual Membership Meetings Required
Associations are required to hold annual membership meetings to elect directors as provided in the association's governing documents.
Regular membership meetings are to be held on a date and time, and with the frequency stated in the bylaws, but in any event in each year in which directors are to be elected at that meeting for the purpose of conducting such election, and to transact any other proper business which may be brought before the meeting.
If an association fails to hold the regular meeting for a period of 60 days after the date designated, or if no date has been designated, for a period of 15 months after the formation of the corporation, or after its last regular membership meeting, the Superior Court of the County may summarily order the meeting to be held or the ballot to be conducted upon the application of a member after notice to the association giving it an opportunity to be heard. The court may issue such orders as may be appropriate including, without limitation, orders designating the time and place of the meeting, the record date for determination of members entitled to vote, and the form of notice of the meeting.
Special meetings of members for any lawful purpose may be called by the board, the chairman of the board, the president, or such other persons, if any, as are specified in the bylaws. In addition, special meetings of members for any lawful purpose may be called by 5 percent or more of the members.
Until such time as a new election is held, directors remain on the board until successors have been elected or appointed.
San Diego HOA Management