Summary
Under California Corporations Code Section 7224(b), the board of directors generally has the authority to fill a vacant seat unless the bylaws specify otherwise. Homeowners can only vote to fill the vacancy if the bylaws explicitly grant them this right. If meetings are being canceled due to lack of attendance, homeowners may petition for a special meeting. Reviewing your associations bylaws will clarify whether homeowners have the right to vote in such situations.Full Conversation
After condo homeowners served a petition on Failure to appoint, resigned tractor seat. Can the homeowners then vote in the vacant directors seat, condo law, California
To provide you with the right information, could you please clarify if the board of directors has formally acknowledged the resignation?
Yes they Scheduled a special meeting. My concern is do the directors boat on replacing the empty directors seat or just a small gift, the homeowners, the power to vote in vacant seat, and your code * B.
Thank you for your question regarding the replacement of a vacant director seat under California law.
- **California Corporations Code Section *(b)**: This section generally allows the board of directors to fill a vacancy unless the bylaws provide otherwise.
- **Homeowners' Role**: Homeowners can vote to fill the vacancy only if the bylaws explicitly grant them this power.
Would you like more detailed information on the specific procedures outlined in your bylaws?
Normal we have a 90 day election process code 7224b is hard to interpret if they mean if there is no Directors for board than I interpret homeowners than at any time can vote in resigned vacate board seat
Under **California Corporations Code Section *(b)**:
- The board of directors typically has the authority to fill a vacancy.
- Homeowners can only vote to fill the vacancy if the bylaws specifically grant them this right.
Would you like more detailed information on the specific procedures outlined in your bylaws?
we do have * board of directors one of th keep no show so voting can’t be done * meetings have been cancelled so that’s why homeowners filled the petition for a special meeting to vote and replace vacant board seat
To assist you better, could you please confirm if your homeowners' association bylaws explicitly state that homeowners have the right to vote to fill board vacancies?
This I do not know for sure
It seems like you're dealing with a situation where the board of directors' authority and the homeowners' rights need clarification according to your bylaws. Here are the general points under **California Corporations Code Section *(b)**:
- The board typically fills vacancies unless bylaws state otherwise.
- Homeowners can vote if bylaws explicitly grant this right.
Would you like guidance on how to review or obtain a copy of your bylaws?
I have them I have to go to work at moment
Sure, I understand. When you have time, please review your bylaws to determine if they explicitly grant homeowners the right to vote to fill board vacancies. This will clarify your situation under California Corporations Code Section *(b). If you need further help, feel free to reach out again. Have a good day!