Mays

I.

INTRODUCTION

For a number of years, the Oakview Homeowner’s Association (Association) was unable to achieve a quorum of its membership to elect a new board of directors while directors who had exceeded their term limits maintained their positions. Vonetta Mays petitioned the trial court for a writ of mandate directing the Association to remove currently serving directors, conduct an election to fill all board positions, and comply with the Association’s governing documents. She also sought statutory penalties and attorney fees and costs under the Davis-Stirling Common Interest

Development Act (the Davis-Stirling Act or the Act).1 The trial court granted Mays’ motion for judgment in part and issued a writ of mandate directing the Association to conduct an election to replace board directors whose terms had expired. In a subsequent order, the court denied Mays’ motion for attorney’s fees and costs after concluding she failed to achieve her primary litigation objective.

The Davis-Stirling Act is codified at section 4000 to 6150 of the Civil Code. All further statutory references are to the Civil Code unless otherwise specified. 2 The Association appealed from the…