QUESTION

Ourelection was in June, many civil codes were broke, we were advised to redo the election, does the new election have to be next june.

Asked on Jul 19th, 2014 on Corporate Law - California
More details to this question:
We had an HOA election, the board violated many civil codes, we have been advised to redo the election, to avoid any litigation in the future or any loss of cooperation status. One board member refuses to read the law and wants to just get along. He is a liability but it is not easy to remove him. If our ccr's state the election is to be held in June do we have to wait until next June to redo the election and allow the old board to sit?
Report Abuse

1 ANSWER

Real Estate Attorney serving Oakland, CA at Sack Rosendin LLP
Update Your Profile
No. Your HOA should hold the new election ASAP. Any contracts the HOA enters into that are favorable to it and that it wants to keep and enforce, might not be enforceable, since any action by the current board and any action by any officer appointed since the election might be held by a court to be without authority and voidable by the other side. It is also possible that anyone with a claim against the HOA, such as service providers or anyone injured on the common area, might not be limited to suing the HOA and might be able to sue and collect from the individual owners themselves. There are a lot of rules and many of them are not obvious and there justification might not be obvious, but they have been enacted and are required in order to protect the homeowners. None of them are designed to protect anyone else. So learn and follow all the rules and be grateful for them. If you would like me to help your HOA Board or members understand what is required of them, please give me a call. Dana Sack 510-286-2200  
Answered on Jul 21st, 2014 at 1:54 PM

Report Abuse

Ask a Lawyer

Consumers can use this platform to pose legal questions to real lawyers and receive free insights.

Participating legal professionals get the opportunity to speak directly with people who may need their services, as well as enhance their standing in the Lawyers.com community.

0 out of 150 characters