§4365

Member Vote to Reverse a Rule

Chapter 3 · Governing Documents · Operating Rules

Text current as of 2026-07-07 · Last amended by AB 805, eff. 2014-01-01

The code says CIV §4365

(a) Members of an association owning 5 percent or more of the separate interests may call a special vote of the members to reverse a rule change.

(b) A special vote of the members may be called by delivering a written request to the association. Not less than 35 days nor more than 90 days after receipt of a proper request, the association shall hold a vote of the members on whether to reverse the

rule change, pursuant to Article 4 (commencing with Section 5100) of Chapter 6. The written request may not be delivered more than 30 days after the association gives general notice of the rule change, pursuant to Section 4045.

(c) For the purposes of Section 5225 of this code and Section 8330 of the Corporations Code, collection of signatures to call a special vote under this section is a purpose reasonably related to the interests of the members of the association. A member request to copy or inspect the membership list solely for that purpose may not be denied on the grounds that the purpose is not reasonably related to the member’s interests as a member.

(d) The rule change may be reversed by the affirmative vote of a majority of a quorum of the members, pursuant to Section 4070, or if the declaration or bylaws require a greater percentage, by the affirmative vote of the

percentage required.

(e) Unless otherwise provided in the declaration or bylaws, for the purposes of this section, a member may cast one vote per separate interest owned.

(f) A rule change reversed under this section may not be readopted for one year after the date of the vote reversing the rule change. Nothing in this section precludes the board from adopting a different rule on the same subject as the rule change that has been reversed.

(g) As soon as possible after the close of voting, but not more than 15 days after the close of voting, the board shall provide general notice pursuant to Section 4045 of the results of the member vote.

(h) This section does not apply to an emergency rule change made under subdivision (d) of Section 4360.

(Added by Stats. 2012, Ch. 180, Sec. 2. (AB 805) Effective January 1, 2013. Operative January 1, 2014, by Sec. 3 of Ch. 180.)

Where this sits in the process

Editorial summaries — not the statute’s text.

Adopting or amending an operating rule

Before: §4360 — The member reversal window opens at — and is measured from — the general notice of the rule change: the written request for a reversal vote may not be delivered more than 30 days after that notice.

request ≤30 days after notice of the rule change; vote 35–90 days after the request

How courts have read this

Editorial summaries — not the court’s words.

Decided under the former numbering

Friars Village Homeowners v. Hansing 220 Cal. App. 4th 1055 · 2013 · as former §1357.140 Boards may set reasonable director qualifications by operating rule.
decided before the current text (eff. 2014-01-01, AB 805)
Sui v. Price 196 Cal. App. 4th 933 · 2011 · as former §1357.140 Association operating rules must be reasonable, like CC&Rs.
decided before the current text (eff. 2014-01-01, AB 805)
Clear Lake Riviera Community Assn. v. Cramer 182 Cal. App. 4th 459 · 2010 · as former §1357.140 Circumstantial evidence of long enforcement can prove a rule’s valid adoption.
decided before the current text (eff. 2014-01-01, AB 805)
Peak Investments v. South Peak Homeowners Ass'n 140 Cal. App. 4th 1363 · 2006 · as former §1357.140 A court may cut a CC&R supermajority only after a true majority of all owners approves.
decided before the current text (eff. 2014-01-01, AB 805)

Cites (5)

§4045 §4070 §4360 §5100 §5225

Cited by (1)

§4355

References whole articles

Article 4 — Member Election (10 sections, commencing §5100)

Official text · leginfo ↗