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
The Business Judgment Rule does not automatically shield a HOA director from liability that may result from the director’s failure to exercise reasonable diligence or failure to act within the scope of the director’s authority under the HOA’s governing documents.| 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
[Board of Directors; Fiduciary Duties] Directors may be required to exercise reasonable care in protecting persons from criminal activity.| FindHOALaw
Legal requirements governing the common area maintenance responsibilities of a homeowners association (HOA). California Davis-Stirling Act - Section 4775| 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; 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
Davis-Stirling Act | Civ. Code § 4775 - The maintenance and repair responsibilities of homeowners within a HOA versus those of the HOA.| FindHOALaw