California courts defer to the discretionary decisions made by a homeowners association (HOA) board of directors in certain cases. Davis-Stirling Act.| FindHOALaw
Courts will defer to decisions made by a homeowners association (HOA) board of directors regarding ordinary maintenance of a common interest development.| FindHOALaw
[Enforcement; Discretion to Litigation] A HOA’s Board of Directors may in its discretion decline to take legal action to enforce a perceived violation of the governing documents.| FindHOALaw
[Governing Documents; Use Restrictions] CC&R restrictions are presumed reasonable, and are enforceable unless they are arbitrary, impose burdens on the use of land that outweigh their benefits, or violate public policy.| FindHOALaw
Davis-Stirling Act | Civ. Code § 4765 - A homeowners association (HOA) must provide a fair procedure for reviewing homeowner architectural applications.| 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
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
Davis-Stirling Act | A homeowners association (HOA) may adopt architectural standards governing architectural improvements within the HOA's development.| FindHOALaw
Would make any provision of the governing documents or architectural guidelines that prevents the replacement of a fuel-gas-burning appliance with an electric appliance void and unenforceable.| FindHOALaw
A homeowners association (HOA) may adopt an architectural application and approval process for member architectural improvements. Davis-Stirling Act.| FindHOALaw