Legal Question in Real Estate Law in California

A small group of people have instituted 3 recalls in the last 9 months the most recent and unsuccessful one was completed on Sept2. On September 13 they have started the process over again. Is there any way to seek injuctive relieve for the multiple recalls? It is costing the HOA money and tearing apart the community


Asked on 9/14/14, 7:59 am

1 Answer from Attorneys

Terry A. Nelson Nelson & Lawless

First make sure you know what the HOA ByLaws and charter documents specify on the recall procedures to be followed. If the recall group is following the rules carefully, it would be difficult to convince a judge to grant the relief you seek. If any of the recalls have been successful, harder still to deny them their 'constitutional rights'. If all the recall attempts have failed to garner more than a small percentage of the votes required, then you might have a chance to have the court deem them to be the equivalent of 'vexatious litigants', and issue a court order that they must first have some specified percentage of the necessary votes on an 'initiative' sign up sheet before being allowed to actually file a formal recall.

If the HOA is serious about hiring counsel to help in this, feel free to contact me.

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Answered on 9/14/14, 1:14 pm


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