Friars Village Homeowners Assn. v. Hansing CA4/1

This appeal arises from a judgment issued after a bench trial in these two consolidated cases, on a stipulated record, (1) granting declaratory relief at the request of a homeowners association of a common interest development that an election rule it adopted is valid and enforceable and (2) denying an owner’s request in his small claims case to challenge that rule as inconsistent with the development’s governing documents.

Plaintiff, defendant and appellant Charles I. Hansing is an owner of two units, together with his wife (not a party to this action), in the Friars Village common interest development. They reside in one unit and are members of the homeowners association (Association), plaintiff, defendant and respondent in this case. The development is subject to the provisions of the Davis-Stirling Common Interest Development Act (the Act), which establishes standards for governance of such associations. (Civ. Code, § 1350 et seq.) The Association operates under amended articles of incorporation and bylaws (governing documents), which specify that residents and members of the Association in good standing may be nominated for or nominate themselves for election to the…