Tavakolian v. Oso Valley Greenbelt Assn

Filed 5/8/06  Tavakolian v. Oso Valley Greenbelt Assn. CA4/3

NOT TO BE PUBLISHED IN OFFICIAL REPORTS

California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b).  This opinion has not been certified for publication or ordered published for purposes of rule 977.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FOURTH APPELLATE DISTRICT

DIVISION THREE

                        Appeals from a judgment and postjudgment order of the Superior Court of Orange County, Dennis S. Choate, Judge.  Affirmed.

                        Feldsott & Lee, Stanley Feldsott and Martin L. Lee for Plaintiff and Appellant.

                        Lee & Mellenger and Richard E. Mellenger; Law Offices of Marie Elena Molnar and Marie Elena Molnar for Defendants and Respondents.

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                        Plaintiff Hamid R. Tavakolian filed an action challenging the election of defendants Thomas Hunter, Gary Lenzner, and Brian Dufresne to be members of the board of directors of defendant Oso Valley Greenbelt Association (Association).  After trial, the court entered judgment for defendants and granted their subsequent motion for an award of attorney fees and costs.  Plaintiff appeals from both rulings, arguing the trial court erred by refusing to invalidate Association's April 2004 election of delegates who, in turn, subsequently chose Hunter, Lenzner, and Dufresne for the board.  We affirm the trial court's judgment. 

FACTS

                        Plaintiff is the owner of a home located in the Oso Valley Greenbelt Project, which consists of over 2600 units divided into eight housing tracts, also referred to as increments.  Each tract covers an unequal number of lots or units.  Association is a nonprofit mutual benefit corporation operating as the homeowner's association for the Oso Valley Greenbelt Project.  Management of Association's administrative matters is conducted by CC& R Management Company through its agent, Ginny Ledford. 

                        The recorded covenants, conditions and restrictions (CC& Rs) provides the Association's board of directors is chosen annually by delegates elected from each tract.  As for the selection of delegates, Article VI, section 4 of the original CC& Rs declares, â€