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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.

Records

Association records are defined in Civil Code section 5200. These records constitute a variety of documents that an association is responsible for maintaining and providing upon demand. Some of these records include board minutes, agendas, committee minutes, check registers, correspondence to owners, third party contracts, financial statements and many others. Pursuant to the same section, these documents must be produced on demand in certain situations, subject to redaction. If you receive a document request, immediately contact your association’s legal counsel to ensure you meet all of the statutory requirements.

Recreational Vehicles

“Recreational vehicle” is defined by Health & Safety Code section 18010 as a motor home, travel trailer, truck camper, camping trailer, or park trailer that meets certain criteria set forth in the Code. Prior to January 1, 2013, an off road vehicle would not be considered a recreational vehicle. However, as of January 1, 2013, off road vehicles meeting certain criteria may now qualify as a “recreational off-highway vehicle.” A “recreational off-highway vehicle” means a motor vehicle that is: (a) designed by the manufacturer for operation primarily off of the highway; (b) has a steering wheel for steering control; (c) has nonstraddle seating provided by the manufacturer for the operator and all passengers; (d) has a maximum speed capability of greater than 30 miles per hour as designed by the manufacturer; and, (e) has an engine displacement equal to or less than 1,000cc (61ci).

Relocation

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.

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.”

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.

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.