Real Estate Law
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Thank you for your question. You are correct about winning the election because the C,C&R, the By-Laws, and any Rules and Regulations which are enacted from time to time, govern the actions of the HOA, the Board and the Officers as to what they can and cannot do. I know is sounds elementary, but it's very true, that if every member did what they wanted to do, there would be complete chaos.
I also agree that they have left you with no alternative, but to seek Court intervention in order to upholdthe C,C &R, By-Laws, etc. Although it would be easier, faster, and less costly to sue in Small Claims Court and have rights and obligations determined by that Court, I researched a similar issue not too long ago, and found that Small Claims Court does not have subjejct-matter jurisdiction to determine your issue and it also lacks the authority to issue an Injunction to enjoin the person's conduct and prevent him from asserting victory in the election. The Superior Court in the County in which the property is located is the proper Court to determine the HOA and election issue.
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