Chernick

Chernick v. Casa Palermo Homeowners Assn. CA2/8

Good Law
Court of Appeal of CaliforniaJune 2, 2014B244078California1,995 words

Opinion

Opinion

FACTS AND PROCEDURAL HISTORY

Michael Lee Chernick brought a mandate action to invalidate the May 2011 Board of Directors Election of the Casa Palmero Homeowners Association, which governs the Los Angeles condominium complex where Chernick lives. Chernick ran for a board seat in that election, but lost. The petition alleged that the Association’s property management company, which conducted the election, twice issued incorrect, confusing, or misleading information. Chernick alleged that those deficiencies were corrected after he brought them to the property manager’s attention, but that a third election notice included incorrect and misleading proxy voting instructions. Chernick alleged that a quorum was not obtained due to the misleading proxy instructions and that the board then improperly appointed three new directors instead of holding a second election with a reduced quorum, as had happened in the past. Chernick also alleged that the board would not let him see certain documents related to other matters, such as the board’s supposed use of unqualified and unlicensed electrical contractors. Chernick asked the court to: invalidate the 2011 election; appoint new board members…

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