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
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
California courts defer to the discretionary decisions made by a homeowners association (HOA) board of directors in certain cases. Davis-Stirling Act.| 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
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
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