Blog

By Bradley Epstein, Esq, Ed Snow, Robert Smith, & Richard Seim

This article first appeared in our Communicator Magazine, Winter 2026 Issue.

WHAT HAPPENS IN A TYPICAL ELECTION?

The board wonders why they have to think about an election again, since it’s only been five months since the last one. They wrestle with the usual choices (Election date? Acclamation? Hire the inspector now or wait? How to get members to participate?) They begin charming, shaming or strong-arming the members to volunteer, to nominate, to update their records, to show up and help stuff envelopes for the call for nominations ... and the reminder ... and the pre-ballot notice ... and the ballot ... and another reminder. At some point, the volunteers realize that paper elections consist largely of putting envelopes inside other envelopes, and then taking them out, and also that their bargaining position allows them to insist on pizza while they work. The election meeting arrives, either with or without a quorum o...

By Robert M. DeNichilo, Esq., CCAL
CLAC Legislative Co-Chair, Orange County Regional Chapter Delegate

This article first appeared in The Communicator Magazine, Spring 2025.

CAI’S CALIFORNIA LEGISLATIVE Action Committee (CLAC) hit the ground running in 2025 in pursuit of its legislative agenda, which included allowing emergency assessments to cover the cost of insurance premiums and liability protection for associations and board members who are unable to purchase the level of insurance coverage required by CC&Rs for a reasonable cost, or at all. While the bill introduction deadline passed without CLAC being able to secure an author for its proposed bills, we continue working and are hopeful of getting some cleanup legislation into an omnibus bill.

In addition to pursuing its legislative agenda, CLAC is taking positions on several bills introduced that will significantly impact associations and man- agers. AB-739 (Jackson) would require all managing agents to be licensed real esta...

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.

LAKE LINDERO HOA V. BARONE

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 set for December 19, 2019; however,...