Requirements governing the establishment and maintenance of a homeowners association (HOA) reserve account. California Davis-Stirling Act.| FindHOALaw
The deference afforded to HOA Boards for maintenance decisions does not extend to the Board's interpretation as to the scope of the HOA's maintenance responsibilities under its CC&Rs.| FindHOALaw
Areas and components within HOAs and condominium projects that are often classified as common area. California Davis-Stirling Act.| FindHOALaw
The deference afforded to HOA Boards may not extend to situations where the Board fails to act or to investigate the scope of required maintenance or repairs.| FindHOALaw
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
Legal requirements governing maintenance responsibilities of a homeowners association (HOA) as compared to those of its members. Davis-Stirling Act| FindHOALaw
An association’s “Declaration of Covenants, Conditions and Restrictions” (“declaration” or “CC&Rs”) is a recorded document setting forth the majority of the powers, rights and responsibilities of the association and its members. CC&Rs generally contain provisions addressing: Assessment obligations of members; Association and member maintenance responsibilities; Architectural control powers; Association enforcement authority; Dispute resolution; Insurance requirements; and Prop...| FindHOALaw
Except as provided below, all associations are required to prepare a reserve study at least once every three (3) years with a review to be conducted annually to determine if adjustments are necessary to the association’s reserve account requirements. (Civ. Code §§ 5300(b), 5550(a).) Once the study is completed, the study is used to prepare […]| FindHOALaw
Davis-Stirling Act | Civ. Code § 5550 - A homeowners association (HOA) is required to prepare a reserve study to determine the HOA's reserve funding needs.| FindHOALaw
Homeowners in homeowners associations (HOAs) are responsible for repairs and replacements necessary to restore interrupted utility services| FindHOALaw
*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
Davis-Stirling Act | Civ. Code § 4775 - The maintenance and repair responsibilities of homeowners within a HOA versus those of the HOA.| FindHOALaw