Free Speech and Porn

Source: Adrian J. Adams Esq. 

QUESTION: Our HOA held an election but never received the results. I heard about it through the grapevine. I emailed the board and never received a reply.I was of the understanding that election results are supposed to be published.

ANSWER: By statute, the results of an election must be reported to the membershipand recorded in the minutes of the next meeting of the board. Failure to do so is a violation of the Davis-Stirling Act and the court may, but is not required to, void the election for the failure to report election results. (Civ. Code §5145(a).) The violation also makes the association vulnerable to monetary penalties of up to $500 per violation. (Civ. Code §5145(b).) If someone challenges your election for failure to report the results, the court is more likely to fine the association than void the election.