*New Case Law One of the primary purposes for which a homeowners’ association (“HOA”) is formed is to maintain and repair the HOA’s common areas, as well as any other areas designated within the ...| HOA Lawyer Blog
A HOA’s architectural standards may be used to define undefined architectural restrictions/terms in the HOA's CC&Rs.| FindHOALaw
[Architectural Control; Board Powers] An association’s board of directors may not adopt rules that are in conflict with the CC&Rs.| FindHOALaw
Enforceability of the Provisions of the Covenant and Residential Design Guidelines by the HOA.| FindHOALaw
[Architectural Control; Duty to Act in Good Faith] When exercising its architectural control authority, an association owes a fiduciary duty to its members to act in good faith, and to not make decisions that are arbitrary or capricious.| FindHOALaw
Davis-Stirling Act | Civ. Code § 4775 - The maintenance and repair responsibilities of homeowners within a HOA versus those of the HOA.| FindHOALaw
Davis-Stirling Act | Civ. Code § 4760 - Homeowners within a HOA may make improvements to their properties, subject to the HOA's architectural restrictions.| FindHOALaw
A HOA had the authority to adopt architectural standards beyond those set forth in the CC&Rs based upon empowering language in the CC&Rs governing the same.| FindHOALaw
The architectural control provisions of an association’s governing documents may permit the association to, in extraordinary circumstances, issue a member a variance from compliance with one or more of the association’s architectural standards. An association’s decision to issue a variance has been held to be analogous to the issuance of a zoning variance by an […]| FindHOALaw
Davis-Stirling Act | A homeowners association (HOA) may adopt architectural standards governing architectural improvements within the HOA's development.| FindHOALaw
The architectural control powers of a homeowners association (HOA) are often exercised by the HOA's architectural committee. Davis-Stirling Act.| FindHOALaw
Legal requirements governing the process through which a HOA's Board of Directors may enact or amend HOA rules and policies. California Davis-Stirling Act| FindHOALaw
A homeowners association (HOA) may adopt an architectural application and approval process for member architectural improvements. Davis-Stirling Act.| FindHOALaw