Brian P

6/11/20231 min read

a person is casting a vote into a box
a person is casting a vote into a box

The PVHA has made the choice to self appoint themselves disregarding available avenues to hold a real election, count votes, and establish winners based on that vote. This wrong and un-American.

1. The last sentence of Article 5 of the PVHA bylaws contains a clause that allows the board to keep an election open indefinitely if a quorum is not met. Don't take my word for this- the PVHA's own lawyer admitted it to Judge Kwan in 2017 (the last time the PVHA was sued). During an annual meeting and while conducting the election the board could adjourn, literally hold the election open indefinitely , and then contact those who didn't send in their ballot, forgot a signature, etc until enough valid ballots are collected to meet the quorum. The board chooses not to do this.

2. In 1978 the California Legislature passed CC 7515 into law. This law is written exactly to help situations like the PVHA finds itself in- "If for any reason it is impractical or unduly difficult for any corporation to call or conduct a meeting of its members, delegates or directors, or otherwise obtain their consent, in the manner prescribed by its articles or bylaws, or this part, then the superior court of the proper county, upon petition of a director, officer, delegate or member, may order that such a meeting be called or that a written ballot or other form of obtaining the vote of members, delegates or directors be authorized, in such a manner as the court finds fair and equitable under the circumstances." So you see- all the PVHA has to do here is ask the superior court for help and it will step in and override the corporations bylaws. Many other California HOAs/Mutual Benefit Corps have used CC 7515 to reform and unstick themselves from non-functioning articles of incorporation. The PVHA board has chosen not to.

The key words in both 1 & 2 above is "choice". The PVHA's hands are not tied. Not only have they not used these tools- they have not even tried.