Legal Question in Real Estate Law in California

Condo in Glendale CA if no Board is elected at annual election and no one wishes to serve

what can be done


Asked on 12/01/10, 11:06 am

1 Answer from Attorneys

Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Whether or not it is incorporated, unless the governing documents provide to the contrary, every association of a common interest development has the powers granted to a Nonprofit Mutual Benefit Corporation per Civil Code section 1363(c). Such corporations are subject to Corporations Code sections 7110 to 8910. In particular, sections 7224 dealing with filling board vacancies and 7225 covering deadlock and court-appointed provisional directors may point in the direction of your answer. Sections 7220 through 7223 may also be on point to some degree.

Note that an old board remains in power until the new board is elected. However, no one can be compelled to serve, so you are probably going to be down to invoking the membership's powers under Corporations Code 7224(b).

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Answered on 12/06/10, 12:48 pm


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