Rizan

Corporations Code section 7515, subdivision (a), which applies to nonprofit mutual benefit corporations, provides: “If for any reason it is impractical or impossible for any corporation to call or conduct a meeting of its members, delegates or directors, or otherwise obtain their consent, in the manner prescribed by its articles or bylaws, or this part, then the superior court of the proper county, upon petition of a director, officer, delegate or member, may order that such a meeting be called or that a written ballot or other form of obtaining the vote of members, delegates or directors be authorized, in such a manner as the court finds fair and equitable under the circumstances. ”

In this case we hold that a corporation is the proper party to petition the court for an order pursuant to subdivision (a) of section 7515.

Factual and Procedural History

Greenback Townhomes Homeowners Association (Association) is a nonprofit mutual benefit corporation. It owns and maintains the common area facilities within a planned development known as Greenback Townhomes. The Association enforces certain covenants, conditions and restrictions (CC&R’s) which also regulate its affairs.…