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
Though HOA directors serve as fiduciaries, they are afforded several liability protections under California law. One of those protections is a legal doctrine known as the “Business Judgment Rule.” It generally shields directors from personal liability that may result from their decisions, provided that the decision was made (1) with care, (2) in good faith, and […]| FindHOALaw
California courts defer to the discretionary decisions made by a homeowners association (HOA) board of directors in certain cases. Davis-Stirling Act.| FindHOALaw
Courts will defer to decisions made by a homeowners association (HOA) board of directors regarding ordinary maintenance of a common interest development.| FindHOALaw
A homeowners association ("HOA") may exclude non-resident owners from use of the HOA's common area recreational facilities.| FindHOALaw
Court upheld lender consent requirement for CC&R amendment, rather than lender vote; Real estate signs may be regulated by HOA for aesthetic purposes.| 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
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