Legal Question in Real Estate Law in California

cancelation of elections for new hoa board

Hello, I'm an election inspector Thank you for your help. Our election is set for 4-22-08 ballots have mailed, lots of owners have already voted. Our board has voted to postpone our elections. and also allow new candidates to run. Is this legal? Can we the homeowners force the current election to continue? If we wanted to recall the board can we recall individual board members? If board proceeds with new elections can we homeownwers contest? Have you had a board recalled? Would you be willing to grant us a consultation?


Asked on 4/03/08, 6:15 pm

2 Answers from Attorneys
Mitchell Roth MW Roth, Professional Law Corporation

Re: cancelation of elections for new hoa board

You may be able to force the issue, but not without a lawsuit. I suspect you can get a consultation, but since Bylaws and minutes of meetings have to be reviewed, I doubt a lawyer would be willing to give you an opinion without charging for his time to review the documents.

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Answered on 4/03/08, 8:40 pm
Ryan P. McClure The Law Offices of Ryan P. McClure

Re: cancelation of elections for new hoa board

You have several issues involved here. I agree with Mr. Roth in that you may receive a consultation but you really need to hire an atty to review the governing documents and determine the status of the election and whether any recall would be viable.

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Answered on 4/04/08, 12:43 am


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