A homeowners association (HOA) has a duty to enforce the restrictions contained in its governing documents. California Davis-Stirling Act.| FindHOALaw
A homeowners association (HOA) may file declaratory relief actions for an authoritative interpretation of governing documents; An owner need not be a defendant in any lawsuit brought by a HOA to discharge its own duty to enforce the CC&Rs simply because that owner complains about a neighbor's alleged violation.| FindHOALaw
Though HOA directors serve as fiduciaries, they are afforded several liability protections under California law. One of those protections is a legal doctrine known as the “Business Judgment Rule.” It generally shields directors from personal liability that may result from their decisions, provided that the decision was made (1) with care, (2) in good faith, and […]| 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
Davis-Stirling Act | Civ. Code § 5975 - Enforcement and recovery of attorney's fees in homeowners association (HOA) disputes.| FindHOALaw
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