Atchison Village, Richmond, California - Legal Issues

Legal Issues

Atchison Village is governed by an eleven member board of directors, elected at large from the membership. Currently, it is financially stable and is steadily building structural reserves. Member disputes are largely handled by private hearings and mediation. Members may, however, be expelled for gross infractions of rules included in the contract. This happens very rarely, however, averaging less than one incident in three years for 450 memberships.

Since it is a Mutual Homes Association, there have been legal challenges to its inclusion under the Davis-Stirling Act (certain sections of the California Civil Code which cover Common Interest Developments). The Corporation lawyer advises that the Corporation include it under the Act, although in a court case, DeForrest v. Atchison village, the Superior Court judge ruled that technically, the Village is not included therein. However, most corporate decisions made by the Board do include consideration of current D-S regulations.

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