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.

Reverse Mortgage

The generic form for a type of mortgage available to seniors, wherein the entire equity within a senior’s home is made subject to a lien, due on the death of the senior (or the senior’s removal from the home).

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.

Renters

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.”

Reciprocal Easement

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.

Resignation

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.

Rats

Rodent infestation is a serious problem that must be dealt with quickly and decisively. Unlike wood destroying pests such as termites, the Civil Code does not assign responsibility for rodent extermination to any specific party. Check your governing documents to see who bears rodent extermination responsibility.

Restrictions

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.