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• Takiguchi v. Venetian Condominiums Maintenance Corporation
  (2023) 90 Cal.App.5th 880
  [Failure to Hold Election; Court Ordered Ballot Counting] Corporations Code section 7510 allows for a court to order an HOA to count and tabulates ballots cast in an HOA election.
• LNSU #1, LLC v. Alta Del Mar Coastal Community Association
  (2023) Nos. D080208, D081204
  [Board meetings; E-mail Exchanges] E-mail discussions between HOA Board Members are not “meetings” within the definition of the Open Meeting Act.
• Lake Lindero Homeowners Association, Inc. v. Barone
  (2023) 89 Cal.App.5th 834
  [Board Recall; Court Determination of Validity] Corporations Code section 7616 may be used by a court to validate the result of an election to recall an HOA’s Board.
• Fowler v. Golden Pacific Bancorp, Inc.
  (2022) 80 Cal.App.5th 205
  [Director Inspection Rights; Limited in Extreme Cases; A director’s absolute record inspection rights may be limited only in extreme cases where inspection would produce an absurd result.
• Artus v. Gramercy Towers Condominium Assn. (2022)
  (2022) 76 Cal.App.5th 1043
  [Attorney’s Fees; Prevailing Party] Nether party achieved litigation objective to warrant the status as the prevailing party entitled to its attorneys’ fees.
• Brown v. Montage at Mission Hills, Inc.
  (2021) 68 Cal.App.5th 124
  [Rent Restrictions; Short-term Rentals] A restriction on short-term rentals is a “prohibition” within the meaning of Civil Code section 4740 and is enforceable only against owners who purchased properties after the restriction was in effect.
• Davis v. Echo Valley Condominium Association
  (2009) 177 Cal.App.4th 1090
  [Discrimination; ADA; Disability Accommodations; Smoking Restrictions] An HOA’s obligation to grant a reasonable accommodation does not mandate a fundamental change in policy that would intrude upon the rights of others.
• Highland Greens Homeowners Ass’n v. De Guillen (In re De Guillen)
  (2019) 604 B.R. 826
  [Assessment Liens; Continuing Lien; Foreclosure] The BAP held that the Davis-Stirling Act does not allow for continuing assessment liens and imposes an affirmative duty on Associations to provide additional pre-lien notices to delinquent homeowners before recording any subsequent assessment lien.
• Eith v. Ketelhut
  (2018) 31 Cal.App.5th 1
  [Commercial Use; Board Deference] A Board’s determination of whether a business or commercial activity affects the residential character of a HOA was entitled to judicial deference.
• Sands v. Walnut Gardens Condominium Association Inc.
  (2019) 35 Cal.App.5th 174
  [Maintenance; Board Deference] No independent tort liability for failing to maintain common areas; Rule of Judicial Deference does not protect failure to perform inspections or preventative maintenance.