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Andrea, Esq.
Andrea, Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 11713
Experience:  I have practiced law for 25 yrs. with an emphasis on real estate, business law, criminal defense and family law.
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My Annual Meeting just met 5/20/2103 for the HOA owners. Los

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My Annual Meeting just met 5/20/2103 for the HOA owners. Los Angeles, CA. We have BY-LAWS that complies the owners must run as a MANAGER, TREASURER, and SECRETARY in ROTATION. Failure to not serve allows a FEE. I was NOMINATED, SECONDARY, and I wanted to be a MANAGER. The current 1 year time expired. The MANAGER refused to vacate. He was re-elected 9 votes. No PROXIES for some of his votes. I got 7 votes. He said he was elected. I told him his term ended. He cannot be the MANAGER. I read the BY-LAW'S clause. He said he won. I told the members there it is against our CC&R's and the BY-LAW's. I need to file a lawsuit to fight the BOARD and the MANAGER. I then left the meeting. What can I do.
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Andrea, Esq. replied 1 year ago.

Hello and Welcome to JustAnswer, My name is XXXXX XXXXX my goal is to provided you with Excellent Service,

 

 

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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Andrea, Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 11713
Experience: I have practiced law for 25 yrs. with an emphasis on real estate, business law, criminal defense and family law.
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