Homeowners Successfully Void HOA Election of Directors and Are Awarded $147,595 in Attorney Fees

UNPUBLISHED California Appellate Court decision (January 14, 2016).

In this case, a homeowners association held an election to seat four new directors on its seven person board of directors. Following the election, a controversy developed over the propriety of the election. The main issue raised by two homeowners was whether or not there was a proper quorum of the delegates who represented various districts in the large common interest community and who were the persons who elected the new directors. The owners, who were the plaintiffs in the litigation, contended that a number of the voting delegates had not been properly elected and were not qualified to vote for the association directors, thereby resulting in less than the required quorum of delegates that was needed to validly elect the new directors. The trial court agreed with the plaintiffs and voided the election. Thereafter, the court awarded the plaintiffs’ attorney fees in the amount of $147,595.00. The association appealed the trial court decision.