CALIFORNIA: Beachwalk Homeowners Association Pays Plaintiff for Not Following Election Laws

Defendant Beachwalk Homeowners Association (association) held an election to amend its bylaws. Plaintiffs Paul Wittenburg and Raymond Dukellis filed suit to void the result of the election, claiming the association’s board of directors (the board) failed to comply with Civil Code section 1363.03, subdivisions (a)(1) and (a)(2). fn. 1 Subdivision (a)(1) governs the use of “association media,” such as a newsletter or Web site, during a campaign. If an association permits any “candidate or member” to advocate a point of view using association media, the association must give members with opposing viewpoints equal access to the same media.

To read the details of this case: https://www.davis-stirling.com/MainIndex/CaseLaw/WittenburgvBeachwalkHOA/tabid/4059/Default.aspx 

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