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LEGAL CHALLENGE TO ELECTION

Who May Challenge. Any director or any person who had the right to vote in the election has standing to challenge the election. (Civ. Code § 5145(a), Corp. Code § 7616(a).)

1-Year Limit. Members have one year from the date of the election violation to bring an action for declaratory or equitable relief. (Civ. Code § 5145(a).)

Small Claims. The action may be brought in superior court or in small claims court where the court may order injunctive relief and also levy penalties of up to $500 per violation. (Civ. Code § 5145(b) & (c).)

ASSISTANCE: Associations needing legal assistance can contact us. To stay current with issues affecting community associations, subscribe to the Davis-Stirling Newsletter.

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