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FACTS

The Alders community is a 248-unit condominium development in Irvine. It is governed by respondent Alders through the Board pursuant to the Davis-Stirling Common Interest Development Act (the Act). (Former Civil Code, § 1350 et seq.; now Civil Code, § 4000 et seq.) Appellant served as a member of the Board from 2002 until November 2006, when he was recalled by the membership. He was the sitting Board president at the time. Pursuant to former Civil Code sections 1363.03 through 1363.09, which were adopted by the legislature in 2006, in September 2006, the Board promulgated new election rules, specifying qualifications for Board members, nomination procedures, and voting procedures. One of the qualifications was that prospective Board members must

1 Subsequent statutory references are to the Code of Civil Procedure unless otherwise indicated.

2 be in good standing with Alders, and could not be in litigation with the Association, presumably due to the inherent conflict of interest. Appellant, was directly impacted by these changes because he was not a member in good standing at the time. According to Alders, appellant took this personally, viewing it as part of a…