Samii v. La Villa Grande HOA
Defendant La Villa Grande Homeowners Association (the Association) appeals from an order directing the Association to conduct an election for the board of directors. The order was issued in a case filed by several members of the Association (plaintiffs)[1] seeking declaratory and injunctive relief, as well as costs and expenses incurred in enforcing the documents governing the Association. The Association contends that (1) the trial court erred by granting a preliminary injunction that provides the ultimate relief sought in the complaint; (2) the order was improper because plaintiffs did not bring a claim under Corporations Code section 7510[2] (hereafter section 7510); (3) plaintiffs action was premature; and (4) the order was too vague. While it may have been preferable -- and certainly more efficient -- for plaintiffs to have sought an order mandating an election through the summary procedure authorized in section 7510, subdivision (c), the procedure used here gave the Association sufficient notice and an adequate opportunity to be heard, and therefore the order (which we find was not impermissibly vague) was proper. Accordingly, Court affirm the order.
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