COURT ORDERS ASSOCIATION TO CONDUCT RESCHEDULED MEMBERSHIP MEETING FOR THE ELECTION OF DIRECTORS AFTER A QUORUM WAS NOT REACHED AT THE INITIAL MEETING

This case involved a dispute between a condominium owner (“Owner”) and her homeowners association (“Association”) over the Association’s failure to conduct annual membership meetings for the election of new directors. Desiring to become a director of Association, Owner ran for a seat on the board of directors in 2020, 2021, and 2022, but in each year a quorum of members was not achieved, and the scheduled election did not take place.

In 2022, Owner filed a Petition for Peremptory Writ of Mandate and a Motion for Judgment in which she sought a writ of mandate directing the Association to void the board that was serving at the time, or in the alternative remove the directors from the board who had exceeded their term of service, hold a new election for the appointment of new board members, and comply with the Bylaws to maintain five directors and hold required elections. In her action, Owner also sought an award of statutory penalties and attorney’s fees. In opposition to Owner’s writ petition and motion, the Association claimed that it had complied with its governing documents, but the scheduled elections could not take place because they could not achieve the required quorums at the meetings for the elections.

The trial court granted Owner’s petition and motion for judgment in part. The court ordered that the Association: