Legal Question in Appeals and Writs in California

Writ for removal of HOA board member

Can a Writ be used to obtain an order removing a director from the board of our HOA? Or would this have to be a full blown lawsuit? I do not want to cause a huge legal bill to the association, but this lady has falsified minutes from our meetings, and there is a conflict of interest between her and another director and his wife who leases a restaurant from the assoc. She needs to go. What is the fastest way to get her off the board? By the way, she was appointed to a vacancy, not elected. But there is not enough support between the other directors to vote her out.


Asked on 12/08/05, 1:18 pm

4 Answers from Attorneys
Steven Murray Steven W. Murray, APC

Re: Writ for removal of HOA board member

The chairman should go and discuss this with the attorney for the HOA. Then go from there. FYI, a writ is the result of a lawsuit.

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Answered on 12/08/05, 1:35 pm
Steven Murray Steven W. Murray, APC

Re: Writ for removal of HOA board member

The chairman of the board of directors, or president, etc., should go and discuss this with the attorney for the HOA. Then go from there. FYI, a writ is the result of a lawsuit.

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Answered on 12/08/05, 1:36 pm
Herb Fox Law Office of Herb Fox

Re: Writ for removal of HOA board member

While it would be better for the HOA to act as a body, any individual in California may challenge a person holding office in a corporation or association through an action commonly known as a Petition for Writ of Quo Warrento. See California Civil Code section 803 et seq.

I am a certified specialist in civil writs and appeals. My office is in Santa Barbara, but I practice throughout the state. Please review my website for further information: Lawyers.com/herbfox

Herb Fox, Esq.

Certified Appellate Law Specialist

15 W. Carrillo Street, Ste 211

Santa Barbara, CA 93101

[email protected]

www.lawyers.com/herbfox

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Answered on 12/08/05, 1:57 pm
Philip Iadevaia Law Offices of Philip A. Iadevaia

Re: Writ for removal of HOA board member

You can remove a board member with a majority (quorum) vote from the members of the association. Announce a special election, name a replacement candidate and hold a vote. Use the association, i.e. the homeowners, as your tool. Look to the CC&Rs, specifically the By-Laws, for instructions on holding a vote and electing another Board Member. Good luck

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Answered on 12/08/05, 4:10 pm


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