When the association must perform work in a unit or on a building that requires the resident to move from the unit while the work is underway (commonly during fumigation or mold remediation), the unit owner or resident is responsible to pay for the cost of the relocation, not the association. (Civ. Code §4775(b))
Removal of Directors
“Removal” rather than “recall” is the term used in the Corporations Code for involuntarily removing one or more directors from a board. Board recalls are frequently started by a petition signed by members calling for a special meeting to remove one or more board members. For incorporated associations, Corporations Code section 7221 provides that removal of the entire board in associations having more than 50 members requires a majority vote with a quorum represented and a majority of all members voting in associations with 50 or fewer members. If a recall seeks removal of one or more but less than all directors, and an association’s governing documents authorize cumulative voting in elections, whether it was actually used or not to elect any of the directors, it requires a substantially higher vote of all owners to remove a director.
One who hires from the owner the right to use real property. Consideration (that is, the charge for the hire of the property) may be cash or a cash equivalent, or, in some circumstances, services rendered (“labor-for-rent”). Depending on the provisions of local ordinance and/or the association’s governing documents, a renter may have the right to rent less than the entire dwelling from the landlord. If the hire is for less than a 30-day period, the owner of the dwelling may be liable to the municipality in which the dwelling is located for a “transient occupancy tax.”
The voluntary relinquishment of office by a director, officer, or committee member. The resignation may be effective upon submission of the resignation, or it may specify a later date, upon which date the resignation is effective.
The provisions of the CC&Rs, including those which limit the use of subject real property, establish mandatory association membership and the obligation of owner-members to pay assessments.
Refers to the board’s required annual reviews of (a) the reserve study, and (b) for incorporated associations with income greater than $10,000, a financial report prepared in accordance with Corp. Code section 8321, and (c) for associations with annual gross income greater than $75,000, a report which complies with Civil Code section 5305.
Robert’s Rules of Order
Robert’s Rules of Order is a system of rules for conducting board or member meetings in a structured and orderly manner, often referred to as “parliamentary procedure.” There is an official Robert’s Rules of Order, Newly Revised, now in the 11th edition that is copyrighted by Henry M. Robert III for the Robert’s Rules Association. There are other books that use the term “Robert’s Rules,” some of which are companions to or simplifications also produced by Henry M. Robert or the Robert’s Rules Association and others that are various adaptations and simplifications rules of parliamentary procedure that apparently use the name because of older versions of Robert’s Rules whose copyright has expired. There are other simplified books and pamphlets containing rules of parliamentary procedure. Also see Parliamentary Procedure.
Governing documents include the operating rules of an association. (Civ. Code §4150) An operating rule is a board-adopted regulation that applies generally to the management and operation of the common interest development or the conduct of the business affairs of the association. (Civ. Code §4340(a)) To be valid and enforceable, operating rules must be reasonable and meet several other specified criteria, including being in writing and within the authority of the board. (Civ. Code §4350) Issues such as architectural control, landscaping, parking and common area use are common examples are commonly regulated through rulemaking. Specified rules must be adopted, including, but not limited to, election rules. Adoption of most operating rules can only be accomplished through following the rule-making procedures set forth in Civil Code section 4360.
As provided in Civil Code section 4095, a reciprocal easement can be considered “common area” in a planned development. An easement is considered a reciprocal easement if a group of owners have easements across each other’s property for a given purpose. A reciprocal easement would exist if a 30-foot wide road covered the front 15 feet of each owner’s property, and the road provided ingress and egress through an association across the other owners’ property. Another example would be a bridle trail or walking path that all owners have a right to use across the properties of their fellow owners. If a planned development must maintain or share in the cost of maintaining a reciprocal easement, then it can be considered common area in that association.