Small Claims Master List/Voting

Cooke v The Ranch at Clay Station (Sacramento County)
Case Number: RSC 06-0208

Synopsis: The homeowner ran for a board seat against one of the developer’s employees.  She challenged the election results, because numerous homeowners had their voting rights suspended shortly before the election for alleged violations of the CC&Rs.  Voting rights were suspended without hearings.  She asked the court for a re-count and/or new election.  The court ordered a re-count which resulted in her winning a board seat.  The HOA appealed to superior court but lost again in the second trial.

Yu v Villagio (San Mateo County)
Case Number:

Synopsis: The homeowner challenged the election procedures and results under Civil Code 1363.03 et seq for failure to properly adopt election operating rules; for adopting rules that barred members from nominating themselves for a board seat; and for failing to properly appoint the Inspector of Elections.  The court found in favor of the homeowner plaintiff and awarded him $1000 + $80 in court costs.

Smathers v Friendly Village (Los Angeles County)
Case Number: 07SO1004

Synopsis:  Plaintiff was a candidate for a board seat.  He maintained that the board improperly redacted his candidate’s statement before publication and refused him access to the candidates’ forums where he could present his platform.  The court ruled that both actions by the defendant HOA violated Civil Code 1363.03 et seq.  The court awarded him $500 plus $105 in court costs.

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