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
(a) A director shall perform the duties of a director, including duties as a member of any committee of the board upon which the director may serve, in good faith, in a manner such director believes to be in the best interests of the corporation and with such care, including reasonable inquiry, as an ordinarily […]| 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
California courts defer to the discretionary decisions made by a homeowners association (HOA) board of directors in certain cases. Davis-Stirling Act.| 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
[Board of Directors; Fiduciary Duties] Directors may be required to exercise reasonable care in protecting persons from criminal activity.| 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
[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