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2023 HOA Case Law Review

By Steven J. Tinnelly, Esq.


The two cases covered here are unique in that they both involve colorful scenarios in which an association’s board of directors sought to perpetuate their own power by failing to hold required elections and circumventing the will of their membership.


In Lake Lindero Homeowners Association, Inc. v. Barone, (2023) 89 Cal.App.5th 834, ("Lake Lindero"), the association was properly served with a petition signed by more than 5% of its 459 members to conduct a recall election to remove the entire sitting board. After the board refused to act on the petition within the required statutory timeframe, the petitioning members exercised their rights to conduct the meeting themselves. They sent notice of the recall election to the association’s members, retained a third-party inspector of elections, and prepared/distributed the election materials to the association’s membership.

The special meeting was...

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