A homeowners association (HOA) may file declaratory relief actions for an authoritative interpretation of governing documents; An owner need not be a defendant in any lawsuit brought by a HOA to discharge its own duty to enforce the CC&Rs simply because that owner complains about a neighbor's alleged violation.| FindHOALaw
A HOA board’s failure to properly fund a reserve account constituted a breach of their fiduciary duties to the HOA and its members.| FindHOALaw
[Architectural Control; Enforcement] A HOA must show that it has followed its own standards and procedures when taking action to enforce violations of its governing documents.| FindHOALaw
Courts will defer to decisions made by a homeowners association (HOA) board of directors regarding ordinary maintenance of a common interest development.| FindHOALaw
[CC&Rs; Exculpatory Clause] An exculpatory clause in the CC&Rs limiting the HOA's liability is not against public policy.| FindHOALaw
Would delete the requirement that the insurance policy for an EV charging station name the association as an additional insured party.| FindHOALaw
[Architectural Control; Board Powers] An association’s board of directors may not adopt rules that are in conflict with the CC&Rs.| 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
Would make any provision of the governing documents or architectural guidelines that prevents the replacement of a fuel-gas-burning appliance with an electric appliance void and unenforceable.| FindHOALaw