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 to bring an action for declaratory or equitable relief. (Civ. Code §5145(a).)

Small Claims. The action may be brought in 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.