Duty to Enforce | FindHOALaw
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) has a duty to enforce the restrictions contained in its governing documents. California Davis-Stirling Act.| 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
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
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
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
Legal requirements governing maintenance responsibilities of a homeowners association (HOA) as compared to those of its members. Davis-Stirling Act| FindHOALaw
Legal requirements governing the common area maintenance responsibilities of a homeowners association (HOA). California Davis-Stirling Act - Section 4775| FindHOALaw
[Architectural Control; Board Powers] An association’s board of directors may not adopt rules that are in conflict with the CC&Rs.| FindHOALaw
Enforceability of the Provisions of the Covenant and Residential Design Guidelines by the HOA.| FindHOALaw
Would require inspection and repair of community vehicular gates beginning July 1, 2026 and every 5 years thereafter.| FindHOALaw
