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How One Appeal Changed California HOA Election Rights
Most homeowners lose an HOA election before a single ballot is counted—because the board controls who gets to speak.
In this episode, Luke Carlson and co-host Marty are joined by California attorney Edward Tescher, lead counsel in Arroyo v. Pacific Ridge, a published California Court of Appeal decision that is reshaping HOA elections across the state.
Edward explains how a sitting board attempted to silence a member it was trying to recall, why the board's effort to redefine "association media" through its own operating rules failed on appeal, and what the ruling means for homeowners who have been excluded from official election communications.
The conversation also explores the financial realities of challenging HOA election misconduct, including California's one-way attorney fee statute, which allows homeowners to enforce election rights without risking a massive fee award if they lose. Finally, the discussion looks ahead to two proposed reform bills—AB 1184 and SB 1007—that could bring greater transparency and accountability to HOA governance.
If you've ever sat through a board meeting feeling like the outcome was decided before you arrived, this episode is for you. It's a practical, plain-language guide to where California HOA election law stands today—and where it's headed next.
What We Cover
• Why a recalled board member was improperly excluded from the official ballot mailing
• How Arroyo v. Pacific Ridge redefines "association media" under the Davis-Stirling Act
• The document hierarchy that doomed the board's operating-rule argument
• Why publication of the opinion matters for HOAs statewide
• The one-way attorney fee rule that protects homeowners challenging election violations
• AB 1184 and SB 1007: proposed reforms for open meetings and disciplinary due process
Read the full breakdown: https://lscarlsonlaw.com/articles/california-hoa-election-rights-after-arroyo-v-pacific-ridge
Bad HOA Podcast — a Bad HOA Production from LS Carlson Law. Subscribe wherever you get your podcasts.
Reddit community: https://reddit.com/r/badhoa
LS Carlson Law represents homeowners only and practices in California and Florida. This podcast is general information and not legal advice.
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By LS Carlson Law
4.8
44 ratings
Most homeowners lose an HOA election before a single ballot is counted—because the board controls who gets to speak.
In this episode, Luke Carlson and co-host Marty are joined by California attorney Edward Tescher, lead counsel in Arroyo v. Pacific Ridge, a published California Court of Appeal decision that is reshaping HOA elections across the state.
Edward explains how a sitting board attempted to silence a member it was trying to recall, why the board's effort to redefine "association media" through its own operating rules failed on appeal, and what the ruling means for homeowners who have been excluded from official election communications.
The conversation also explores the financial realities of challenging HOA election misconduct, including California's one-way attorney fee statute, which allows homeowners to enforce election rights without risking a massive fee award if they lose. Finally, the discussion looks ahead to two proposed reform bills—AB 1184 and SB 1007—that could bring greater transparency and accountability to HOA governance.
If you've ever sat through a board meeting feeling like the outcome was decided before you arrived, this episode is for you. It's a practical, plain-language guide to where California HOA election law stands today—and where it's headed next.
What We Cover
• Why a recalled board member was improperly excluded from the official ballot mailing
• How Arroyo v. Pacific Ridge redefines "association media" under the Davis-Stirling Act
• The document hierarchy that doomed the board's operating-rule argument
• Why publication of the opinion matters for HOAs statewide
• The one-way attorney fee rule that protects homeowners challenging election violations
• AB 1184 and SB 1007: proposed reforms for open meetings and disciplinary due process
Read the full breakdown: https://lscarlsonlaw.com/articles/california-hoa-election-rights-after-arroyo-v-pacific-ridge
Bad HOA Podcast — a Bad HOA Production from LS Carlson Law. Subscribe wherever you get your podcasts.
Reddit community: https://reddit.com/r/badhoa
LS Carlson Law represents homeowners only and practices in California and Florida. This podcast is general information and not legal advice.