Legal Question in Real Estate Law in California

Need Consultation before committing to a fee.

Need an election or HOA Coachella Valley lawyer willing to take on a HOA for invalid ballot results.

The HOA lawyer cannot belong to the Community Associations Institute (CAI).

An included rate/fee range would be helpful.

Situation: Invalid Passage of CCRs [required majority (111) of voting members (221)]

a. HOA lawyer wrote letter to members giving deadline as 16 May 2013 for ballot return; ballots would be tabulated at May meeting (28 May); and Inspector of Elections could extend deadline if an insufficient amount of ballots received.

b. HOA property manager wrote a supporting letter with an error in it.

c. 125 (56.6%) ballots were received by 16 May.

d. HOA extended the period without cause. They were tabulated 2 July 2013.

e. During the extension, the Board Directors called owners who had not submitted ballots and urged their approval.

i. To my knowledge, only the owners the HOA contacted knew about the extension.

ii. During the CCR voting period, the HOA stressed CCRs passage, but did not stress any of its benefits.

iii. One Director agreed the document had major problems, but members must pass them because the HOA put a lot of money and time into them.

f. Robert's Rules of Order and Davis-Stirling never mention extending voting period after receiving a majority of votes.

g. Three more ballots were received during that time, which totalled 128 (57.9%). What is definition of 'insufficient'?

h. EXACTLY 111 ballots passed the CCRs.

i. Two members viewed the return ballot envelopes as soon as they could get an appointment and found two invalid ballots. Then they challenged the results.

i. Governing Documents do not allow renters to vote. This renter spoke at two meetings in favour of the HOA.

ii. There was a Title Transfer in 2004 to a caretaker. She never informed anyone of transfer nor has she voted in prior elections to my knowledge. The woman's name on the ballot return envelope died over a year prior. The caretaker forged the deceased's name. Although the caretaker had the right to vote, she did not have the right to forge a name according to a paralegal. She should have (1) asked for a corrected ballot; (2) lined through the deceased's name, then print and sign her name, OR (3) signed her name above the deceased's name and write 'for' before the deceased's name.

j. I witnessed the Manager tell a challenger that the HOA attorney stated there is no law requiring verification of signatures, even if error was brought to the attention of the Inspector of Elections (which it was).

k. Inspector of Elections:

i. The 'second-party' management hired the 'third-party' Inspector of Elections, an 8-year former employee and living in a HOA managed by same management. He mentioned he still maintained his friends. Totally legal, but ethical?

ii. He mentioned the Management Company always used the company as the addressee instead of 'Inspector of Elections' as required by the Davis-Stirling Act.

iii. He sent the results to the management and the manager typed an official(?) undated letter with the same mistake she made in 'b'. She forged his name because he was recovering from surgery instead of visiting his home so he could review, sign, and date the Official document. He delegated the authority to sign for him. Signing for him is different than forging his name. A competent Air Force Officer would not sign an undated official document.

l. Conflict of interest�same law firm for both HOA and management?

What possible action can be taken for:

a. A Board not acting in good faith and permitting an invalid ballot?

b. Inspector of Elections not reading or signing an OFFICIAL document?

c. Penalty for forging names?

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