Homeowners Gone Wild Inside Of A Limited Liability Company.

Homeowners in a homeowners association transferred title to themselves as trustees for a family trust. Thereafter they submitted architectural plans to remodel the house, which were submitted to the HOA, and resulted in a dispute. The HOA denied the access to HOA’s board meetings to the lawyer for the trust because the HOA’s lawyer was of the opinion the lawyer for the limited liability company would be communicating with a represented party without permission from the party’s attorney in violation of the Rules of Professional Conduct, rule 2-100.  The trust transferred title to a limited liability company, with one of the homeowners as its manager, but the HOA still would not permit the lawyer to attend its board meetings. The limited liability company sought injunctive relief, which the trial court denied. The appellate court affirmed, stating the lawyer for the limited liability company was not a member of the limited liability company, and that under Corporations Code sections 17150 & 17151, subdivision (a), the business and affairs of a limited liability company must be managed by its members. SB Liberty, LLC v. Isla Verde Association, Inc.  (Cal. App. Fourth Dist., Div. 1; May 22, 2013) (As mod. June 11, 2013) (Ord. Pub. June 18, 2013) 217 Cal.App.4th 272, [158 Cal.Rptr.3d 105].