[Architectural Control; Enforcement] A HOA must show that it has followed its own standards and procedures when taking action to enforce violations of its governing documents.| FindHOALaw
Commercial in Nature Civil Code Section 4710 provides homeowners with rights to display and post noncommercial signs in or upon their separate interests, subject to certain limitations. (See “Flags, Banners & Signs.”) However, Section 4710 does not apply to the display and posting of real estate signs (i.e., “For Sale” or “For Rent” signs) because […]| FindHOALaw
(a) Notwithstanding any provision of any ordinance, an owner of real property or his or her agent may display or have displayed on the owner’s real property, and on real property owned by others with their consent, signs which are reasonably located, in plain view of the public, are of reasonable dimensions and design, and […]| FindHOALaw
(a) Every provision contained in or otherwise affecting a grant of a fee interest in, or purchase money security instrument upon, real property in this state heretofore or hereafter made, which purports to prohibit or restrict the right of the property owner or his or her agent to display or have displayed on the real […]| FindHOALaw
Davis-Stirling Act | Civ. Code § 4710 - Homeowners associations (HOAs) may not flatly prohibit the display of noncommercial signs, flags and banners.| FindHOALaw
Courts will defer to decisions made by a homeowners association (HOA) board of directors regarding ordinary maintenance of a common interest development.| 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
The extent to which a HOA may restrict or prohibit homeowners from posting flags, banners and signs depends upon: (1) the nature/content of the flag, banner or sign, (2) its dimensions, and (3) the location where it is to be displayed or posted. Noncommercial Flags, Banners & Signs Permitted Civil Code Section 4710 provides homeowners within […]| FindHOALaw