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) A director shall perform the duties of a director, including duties as a member of any committee of the board upon which the director may serve, in good faith, in a manner such director believes to be in the best interests of the corporation and with such care, including reasonable inquiry, as an ordinarily […]| 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
Courts will defer to decisions made by a homeowners association (HOA) board of directors regarding ordinary maintenance of a common interest development.| 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
[CC&Rs; Exculpatory Clause] An exculpatory clause in the CC&Rs limiting the HOA's liability is not against public policy.| 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
