California Court of Appeal
Wittenberg v. Beachwalk Homeowners Association, G046891
Judgment for defendant homeowners association in plaintiffs' suit to void its election to amend its bylaws, is reversed, where: 1) the trial court erroneously interpreted Civil Code section 1363.03(a)(1) as containing an exception permitting defendant's board of directors to advocate a point of view using association media without triggering the equal-access requirement; 2) the trial court erroneously found certain communications, from defendant's board, were merely informational rather than advocacy under Civil Code section 1363.03(a)(1); and 3) there is no substantial evidence supporting the trial court's finding that defendant did not violate Civil Code section 1363.03 (a)(2) regarding free access to common areas during the campaign.
- Decided 06/26/2013
- Published 06/26/2013
- California Court of Appeal