How do you call a special meeting of the HOA - and can members force one?
By OurHOA · General information · Revised
Identify who can call the meeting, prepare a specific written demand, and verify the notice and voting procedure before gathering signatures.
Identify the decision and who can make it
Start with the action you want: a member vote on an amendment, for example, or a board decision about a repair contract. A special meeting of owners and a special board meeting follow different rules. Calling an owners’ meeting does not transfer the board’s authority to the people who attend. Confirm that the proposed action belongs to the membership and whether a separate election, recall, or assessment procedure applies.
Find the actual petition threshold
Read the applicable statute and governing documents before circulating a demand. Count the required members or voting interests using the rule that applies; signatures, homes, and votes are not always interchangeable. California Corporations Code § 7510(e) permits 5 percent or more of members to call a special meeting of a covered mutual benefit corporation. Florida § 720.306(3) uses at least 10 percent of total voting interests unless the governing documents specify another percentage. Neither example is a nationwide default.
Write and deliver a usable request
State that you are requesting a special membership meeting and describe the proposed business precisely enough for the notice. Record each signer’s name, property, signature, and date, along with any other required information. Confirm the proper recipient and delivery method. Keep a copy and proof of receipt so a later dispute can be checked against the actual demand rather than competing recollections.
Calendar the response and meeting deadlines
Do not assume that collecting signatures lets you immediately choose a date and declare the meeting official. For a covered California common interest development, § 7511(c) places the requested meeting 35 to 150 days after receipt of the request. It also provides a notice or court remedy when notice is not given within 20 days. Other associations have different procedures. If a demand is rejected, ask for the specific defect in writing and obtain advice before issuing your own notice.
Prepare the vote as carefully as the petition
A successful petition calls a meeting; it does not approve the proposal. Verify notice delivery, eligible voters, quorum, the approval threshold, and any ballot or proxy requirements. Include the proposed business in the notice and keep the meeting within its authorized scope. Preserve the demand, notices, attendance or representation records, and minutes.
Sources
These guides are general education for HOA boards and residents, not legal, tax, or financial advice. Rules vary by state and by your community's governing documents - check with a professional for your situation.