Case Law: Elections

  • Chantiles v. Lake Forest II Master Homeowners Association
    (1995) 37 Cal.App.4th 914
    [Director Inspection Rights; Privacy] A director’s record inspection rights may be limited by the association’s duty to protect the privacy rights of its members in their voting decisions.
  • Friars Village Homeowners Assn. v. Hansing
    (2013) 220 Cal. App. 4th 405
    [Election Rules; Director Qualifications] Court upheld association’s authority to adopt election rules which prohibited closely-related members from being nominated to serve as directors.
  • That v. Alders Maintenance Corporation
    (2012) 206 Cal.App.4th 1419
    [Elections; Legal Challenges] Where a HOA prevails in an action brought against it on the basis of alleged election violations, the HOA is not entitled to recover its attorney’s fees even where the action is found to be frivolous.
  • Wittenburg v. Beachwalk Homeowners Association
    (2013) 217 Cal.App.4th 654
    [Elections; Equal Access] Where a board utilizes HOA media to advocate its point of view regarding an upcoming election, equal access to such media must also be provided to any member advocating a point of view on the issue.