Kozina

Quail Lakes Owners Ass'n v. Kozina

Good Law
139 Cal. Rptr. 3d 389·2012 Cal. App. LEXIS 397·204 Cal. App. 4th 1132·2012 WL 1172166
Court of Appeal of CaliforniaMarch 8, 2012No. C066835California2,736 words

Opinion

Lead Opinion

Duarte, J.

—Quail Lakes Owners Association (the Association) filed a petition seeking an order modifying its governing laws to reduce a super-majority voting restriction, a special proceeding authorized by Civil Code section 1356 (§ 1356). The trial court conducted a hearing and granted the Association’s amended petition. Objector Vladimir F. Kozina (Kozina) timely filed this appeal.

On appeal, Kozina contends the manner of notice of the hearing violated due process, and the trial court abused its discretion in granting the amended petition. We disagree and shall affirm.

INTRODUCTION

The organic charters for many older homeowners associations required supermajority votes for amendments, but voter apathy and other reasons often *1135 make achieving such a supermajority impractical. (See Blue Lagoon Community Assn. v. Mitchell (1997) 55 Cal.App.4th 472, 477 [64 Cal.Rptr.2d 81 ]; 1 Sproul & Rosenberry, Advising Cal. Common Interest Communities (Cont.Ed.Bar 2011) Amending the Governing Documents, § 9.30, p. 660.) . Section 1356 creates a court procedure for lowering the supermajority requirement.

Section 1356, “part of the Davis-Stirling Common Interest Development Act (the Act),…

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