Contesting an Election

CONTESTING AN ELECTION

Who May Challenge. Any director or any person who had the right to vote in the election. Civil Code §1363.09(a), Corp. Code §7616(a)

Time Limit for Challenge. An action challenging the validity of any election, appointment or removal of a director or directors must be commenced within one year of the date the cause of action accrues. Civil Code §1363.09.

Expedited Hearing. Upon the filing of the complaint, and before any further proceedings are had, the court shall enter an order fixing a date for the hearing, which shall be within 5 days unless for good cause shown a later date is fixed. Corp. Code §7616(c)

Court Can Void Election. Upon a finding that the election procedures were violated, a court may (but is not required to) void the results of an election. Civil Code §1363.09(a)

Attorneys' Fees. A member who prevails in a civil action to enforce his or her rights pursuant to this article shall be entitled to reasonable attorney's fees and court costs, and the court may impose a civil penalty of up to five hundred dollars ($500) for each violation. If the association is the prevailing party, it cannot recover any costs, unless the court finds the action to be frivolous, unreasonable, or without foundation. Civil Code §1363.09(b) However, the association could recover attorneys' fees. Kaplan v. Fairway Oaks Homeowners Assn.

Updated by ADAMS KESSLER 8/9/2008