Eicherly v. Palm Beach Park Assn. CA4/3
We face two issues in this companion to Chodosh v. Palm Beach Park Association (G053798) (Chodosh). One is procedural, the other substantive. The procedural issue is straightforward: Did the trial judge abuse his discretion in upholding a homeowners’ association’s election, in 2013, to ratify assessments of $200,000 levied equally on the association’s 126 members back in 2007? Our answer is that despite admitted irregularities in the election process – most notably the absence of safeguards to assure absolute secrecy – the trial judge’s decision was within the bounds of reason. It was reasonable to conclude the irregularities would not have made any difference.
The substantive issue is more problematic. The equal assessments of $200,000 against all members of the association were levied in order for the association to buy the land beneath a mobilehome park. But those equal assessments did not take into account wide disparities in the nature and value of the 126 ind
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