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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 110573
Experience:  Licensed attorney practicing landlord-tenant, land use and other real estate law and litigation.
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The California CPUC is attempting to have local large utility

Customer Question

The California CPUC is attempting to have local large utility companies take over gas & electrical distribution out of the hands of mom and pop operation. Our gated community is in favor, but there are a few homeowners that do not want the transformers on their property (i.e. not in my back yard). We have an HOA Board that is attempting to move ahead with this improvement. there is 108 properties and a few that is haloing back this improvement. Does the Board or the residents in total have a coarse of action?
Submitted: 5 months ago.
Category: Real Estate Law
Expert:  Law Educator, Esq. replied 5 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
Unfortunately, if the community is in favor, this is the issue with living in an HOA, the majority can make a decision regardless of what the minority wants. So if the association and the board are in favor and pass this proposition, then those few who object to the matter would be legally bound to the decision of the board and vote of the majority. So you would ultimately be able to force it on them, even though they may try to sue and try to stop the action, if it was properly voted on by the members and the board, the minority would not be able to stop the HOA for deciding this and agreeing to it with a proper vote of the members.

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