- 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.
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