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Voting and Quorum Requirements

The following summaries are of recent published decisions of the California appellate courts, the Ninth Circuit, and the United States Supreme Court. The summaries are presented without regard to whether Severson & Werson represented a party in the case.

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Lake Lindero Homeowners Ass’n, Inc. v. Barone, No. B306164, 2023 Cal. App. LEXIS 224 (Ct. App. Feb. 28, 2023)

Plaintiff homeowners association is a nonprofit corporation.  It held a recall election at which a majority of the votes cast, but not a majority of eligible votes, were in favor of the recall.  The corporation's articles required a majority of eligible voters to recall board members, but that provision is invalidated by Corp. Code 5034, 7222(a)(2), 7151(e), allowing a majority… Read More