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
Enforceability of the Provisions of the Covenant and Residential Design Guidelines by the HOA.| FindHOALaw
[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
A HOA had the authority to adopt architectural standards beyond those set forth in the CC&Rs based upon empowering language in the CC&Rs governing the same.| FindHOALaw
The architectural control provisions of an association’s governing documents may permit the association to, in extraordinary circumstances, issue a member a variance from compliance with one or more of the association’s architectural standards. An association’s decision to issue a variance has been held to be analogous to the issuance of a zoning variance by an […]| FindHOALaw