Pool

I. FACTS AND PROCEDURAL HISTORY

The Berkeley Town House Cooperative Corporation (BTHCC) owns and operates a high-rise residential building known as the Berkeley Town House (Town House). The Town House is a common interest development as defined in the Davis-Stirling Common

1 Respondent filed a cross-appeal from the judgment that the trial court vacated. In his Brief of Respondent and Cross-Appellant, he seeks no relief other than the affirmance of the order vacating the judgment. We therefore address his arguments in the context of appellants’ appeal.

1 Interest Development Act (Davis-Stirling Act). (Civ. Code, § 4000 et seq.) Residents of the Town House are senior citizens. Respondent Jonathan Pool (Pool) is a member of BTHCC. Appellants are seven current and former members of the Board of Directors (Board) of BTHCC (Individual Defendants).

A. Pool’s Complaint In March 2012, Pool filed a complaint against BTHCC, the Individual Defendants, and a former BTHCC manager in regard to allegedly faulty work performed at the Town House and the Board’s purported failure to address seismic safety issues. The complaint alleged Pool’s standing to bring the action in his individual…