In Eith v. Ketelhut (2018) 31 Cal.App.5th 1, a homeowners association featuring estate properties where members maintain fruit orchards and vineyards yielding fruit that can be made into wine and ...| HOA Lawyer Blog
Similar to “family day care homes” and “alcohol or drug abuse recovery or treatment facilities” (i.e., sober living homes), restrictions in an association’s governing documents (i.e,. in its CC&Rs) that prohibit the non-residential uses of properties may not be used to prohibit a “residential care facility” that services six (6) or fewer persons: “For the purposes of any […]| FindHOALaw
H&S Code § 11834.20. The Legislature hereby declares that it is the policy of this state that each county and city shall permit and encourage the development of sufficient numbers and types of alcoholism or drug abuse recovery or treatment facilities as are commensurate with local need. The provisions of this article apply equally to […]| FindHOALaw
(a) It is the intent of the Legislature that family day care homes for children should be situated in normal residential surroundings so as to give children the home environment which is conducive to healthy and safe development. It is the public policy of this state to provide children in a family day care home […]| FindHOALaw
An association’s “governing documents” are defined as “the declaration and any other documents, such as bylaws, operating rules, articles of incorporation, or articles of association, which govern the operation of the common interest development or association.” (Civ. Code § 4150.) In addition to state, local and federal laws, a common interest development (“CID”) is governed […]| FindHOALaw
Many sets of association CC&Rs contain provisions that prohibit the commercial use of homes within the association’s development or any uses other than for a “single-family” dwelling. The California Legislature has limited the extent to which such provisions may used by a HOA to prohibit an owner or a tenant from operating his residence as […]| FindHOALaw
Homeowners associations (HOAs) may adopt reasonable rules and impose fees on members relating to short-term rentals of condominium units.| FindHOALaw
Limitations on a homeowners association's (HOA's) ability to prohibit sober living homes, group homes and rehab facilities within the HOA's development.| FindHOALaw
Davis-Stirling Act | Civ. Code § 4710 - Homeowners associations (HOAs) may not flatly prohibit the display of noncommercial signs, flags and banners.| FindHOALaw
California courts defer to the discretionary decisions made by a homeowners association (HOA) board of directors in certain cases. Davis-Stirling Act.| FindHOALaw
An association’s “Declaration of Covenants, Conditions and Restrictions” (“declaration” or “CC&Rs”) is a recorded document setting forth the majority of the powers, rights and responsibilities of the association and its members. CC&Rs generally contain provisions addressing: Assessment obligations of members; Association and member maintenance responsibilities; Architectural control powers; Association enforcement authority; Dispute resolution; Insurance requirements; and Prop...| 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
