Legal Question in Business Law in California

A corpoate entity was appointed by the builder and developer of our tract which consists of a very small family oriented neighborhood. We have cul de sacs which are public roads within the community. We park our additional cars in the cul de sac in front of our homes. The HOA received a complain from one neigbor who himself has five cars also some parked in the cul de sac in front of his house but he claims there is no space for the parking of the cars for his visitors or guests, This corporation is doing business as an entity. My question is can a business entity which is a corporation although registered in the Country Clerks' office as a business, have a Board of Members or does the original Board of Members of the corporation, not the business entity have the power to act pursuant to the By-laws and CC&R so created?


Asked on 9/21/11, 4:59 pm

2 Answers from Attorneys

A "corporate entity was appointed by the builder" to do what? A corporation is doing business as an entity? What in the world does that mean? "A corporation although registered in the County Clerk's office as a business?" What does that mean? "A board of members?" HUH? Do you mean board members? Corporations have boards of directors and those people are called board members, or directors. Is that what you mean? "original Board of Members of the corporation, not the business entity?" A corporation IS a business entity. What in the world are you talking about?

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Answered on 9/21/11, 6:14 pm
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

I am equally confused by the question. However, I think it is fair to say in partial answer that it is not unusual for an HOA to be set up as a non-profit mutual benefit corporation. You should ask for a copy of its bylaws to see how and when its board members are selected.

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Answered on 9/22/11, 8:20 am


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