Enforceability of the Provisions of the Covenant and Residential Design Guidelines by the HOA.| 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
Davis-Stirling Act | Civ. Code § 4765 - A homeowners association (HOA) must provide a fair procedure for reviewing homeowner architectural applications.| 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
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