Sands v. Walnut Gardens Condominium Association Inc. | 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
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
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
A homeowners association (HOA) has a duty to enforce the restrictions contained in its governing documents. California Davis-Stirling Act.| FindHOALaw
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
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
Would impose a fee of $75 to be paid at the time of recording of every real estate document, including HOA governing documents and collection documents.| FindHOALaw
Homeowners associations (HOAs) may suspend a member's privileges in response to a violation of the governing documents. California Davis-Stirling Act.| FindHOALaw
Membership in the Association Association membership status is coupled with having an ownership interest in a lot or condominium within the association’s development. (Civ. Code § 4160.) The majority of the rights granted to members under the association’s governing documents or the Davis-Stirling Act therefore do not extend to renters, nor may they be validly transferred […]| FindHOALaw
Homeowners associations (HOAs) may impose monetary penalties (fines) on members for violations of the governing documents. California Davis-Stirling Act| FindHOALaw
A homeowners associations (HOA) may adopt a schedule of fines that may be imposed upon members for violations of the governing documents. Davis-Stirling Act| FindHOALaw
Davis-Stirling Act | Civ. Code § 5910 - A homeowners association (HOA) must provide a fair and reasonable procedure (IDR) for resolving member disputes.| FindHOALaw
Davis-Stirling Act | Civ. Code § 4900 - Title of the "Common Interest Development Open Meeting Act" governing homeowners association (HOA) board meetings.| 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
(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
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 § 4355 - Homeowners association (HOA) operating rules (rules & regulations) that must be adopted through formal procedures.| FindHOALaw
Davis-Stirling Act | Civ. Code § 4340 - Homeowners association (HOA) "Operating Rules" (Rules & Regulations) subject to change over time by the HOA's Board.| FindHOALaw
Requirements for the internal dispute resolution (IDR) procedure that must be established by a HOA to resolve member disputes. California Davis-Stirling Act| FindHOALaw
Requirements governing the establishment and maintenance of a homeowners association (HOA) reserve account. California Davis-Stirling Act.| FindHOALaw
Included within an association’s annual budget report is a reserve summary that is prepared pursuant to Civil Code Section 5565. (Civ. Code § 5300(b)(2).) General Requirements Pursuant to Civil Code Section 5565, the reserve summary (1) must be based on the association’s most recent reserve study, (2) must be based only on assets held in […]| FindHOALaw
Subject to certain limited exceptions, every association is required to prepare a reserve study at least once every three (3) years with a review to be conducted annually to determine if adjustments are necessary to the association’s reserve account requirements. (Civ. Code §§ 5300(b), 5550(a).) One item of information that must be included within a […]| FindHOALaw
Homeowners Association (HOA) requirements to disclose information regarding the HOA's reserve account. California Davis-Stirling Act| FindHOALaw
Regular Assessments Regular assessments (aka “dues”) are the assessments which must be paid by the owner of each separate interest to the association every year, often on a monthly basis. The level of regular assessments is determined by the funds required to meet the association’s annual operating expenses. Regular assessments may be increased over time […]| FindHOALaw
A homeowners association (HOA) is required to provide its members with information regarding the HOA's insurance policies. California Davis-Stirling Act| FindHOALaw
Methods of delivery of documents and notices from a homeowners association (HOA) to its members. Davis-Stirling Act.| FindHOALaw
A homeowners association (HOA) is required to maintain minimum levels of general liability insurance to protect the HOA's members. Davis-Stirling Act.| FindHOALaw
Davis-Stirling Act | Civ. Code § 5570 - Statutory form used by homeowners association (HOA) to disclose information regarding the HOA's reserve account.| FindHOALaw
Davis-Stirling Act | Civ. Code § 5565 - The summary of a homeowners association (HOA) reserve funds must be based on the most recent HOA reserve study.| FindHOALaw
Davis-Stirling Act | Civ. Code § 5560 - A homeowners association (HOA) reserve funding plan must include a schedule of anticipated assessment increases.| FindHOALaw
Davis-Stirling Act | Civ. Code § 5320 - Required methods of delivery for homeowners association (HOA) annual budget reports and annual policy statements.| FindHOALaw
Davis-Stirling Act | Civ. Code § 5300 - A homeowners association (HOA) is required to prepare and distribute an annual budget report to the HOA's members.| FindHOALaw
Authority to Obtain Loan A HOA’s authority to obtain a loan (borrow money) is generally contained within the provisions of its governing documents—typically its CC&Rs or bylaws. Where such provisions are absent, the authority to obtain a loan is found in Corporations Code Section 7140(i). Section 7140(i) allows corporations to borrow money, subject to any […]| FindHOALaw
A homeowners association (HOA) must distribute to its members an annual policy statement containing information about the HOA's policies. Davis-Stirling Act| FindHOALaw
FindHOALaw is a comprehensive library of HOA law and legal information applicable to California homeowners associations (HOAs) and condominium projects.| FindHOALaw
Civil Code Sections 1940.45 and 4706 restrict the ability for HOA governing documents to prohibit individuals within the association from displaying “religious items” on the entry doors and entry door frames of their respective dwellings. “Religious Item” Defined A “religious item” is defined as “an item displayed because of sincerely held religious beliefs.” (Civ. Code […]| FindHOALaw
Commercial in Nature Civil Code Section 4710 provides homeowners with rights to display and post noncommercial signs in or upon their separate interests, subject to certain limitations. (See “Flags, Banners & Signs.”) However, Section 4710 does not apply to the display and posting of real estate signs (i.e., “For Sale” or “For Rent” signs) because […]| FindHOALaw
An association has the general authority to restrict or prohibit the operation of commercial and business activities inside its members’ separate interests (in or upon their respective units or lots). Such restrictions and prohibitions are almost always contained in an association’s governing documents (i.e., in its CC&Rs) from the time the association was originally developed. Those […]| FindHOALaw
(a) Notwithstanding any provision of any ordinance, an owner of real property or his or her agent may display or have displayed on the owner’s real property, and on real property owned by others with their consent, signs which are reasonably located, in plain view of the public, are of reasonable dimensions and design, and […]| FindHOALaw
(a) Every provision contained in or otherwise affecting a grant of a fee interest in, or purchase money security instrument upon, real property in this state heretofore or hereafter made, which purports to prohibit or restrict the right of the property owner or his or her agent to display or have displayed on the real […]| FindHOALaw
Davis-Stirling Act | Civ. Code § 4710 - Homeowners associations (HOAs) may not flatly prohibit the display of noncommercial signs, flags and banners.| FindHOALaw
Davis-Stirling Act | Civ. Code § 4705 - Homeowners associations (HOAs) may not prohibit the display or posting of the United States (US) Flag.| FindHOALaw
(a) Except as otherwise provided by this section, a property owner shall not enforce or adopt a restrictive covenant or any other restriction that prohibits one or more religious items from being displayed or affixed on any entry door or entry door frame of a dwelling. (b) To the extent permitted by Article 1, Section […]| FindHOALaw
(a) Except as provided in subdivision (c), a landlord shall not prohibit a tenant from posting or displaying political signs relating to any of the following: (1) An election or legislative vote, including an election of a candidate to public office. (2) The initiative, referendum, or recall process. (3) Issues that are before a public commission, public board, […]| FindHOALaw
The deference afforded to HOA Boards for maintenance decisions does not extend to the Board's interpretation as to the scope of the HOA's maintenance responsibilities under its CC&Rs.| FindHOALaw
Areas and components within HOAs and condominium projects that are often classified as common area. California Davis-Stirling Act.| FindHOALaw
Davis-Stirling Act | Civ. Code § 5855 - A homeowners association (HOA) board must provide a member notice and a hearing before imposing fines or discipline.| FindHOALaw
Legal requirements governing exclusive use common area maintenance responsibilities of owners within HOAs. California Davis-Stirling Act - Section 4775| 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
Courts will defer to decisions made by a homeowners association (HOA) board of directors regarding ordinary maintenance of a common interest development.| 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
[Governing Documents; Use Restrictions] CC&R restrictions are presumed reasonable, and are enforceable unless they are arbitrary, impose burdens on the use of land that outweigh their benefits, or violate public policy.| 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
Davis-Stirling Act | Civ. Code § 5975 - Enforcement and recovery of attorney's fees in homeowners association (HOA) disputes.| FindHOALaw
Davis-Stirling Act | Civ. Code § 4765 - A homeowners association (HOA) must provide a fair procedure for reviewing homeowner architectural applications.| FindHOALaw
Legal requirements governing maintenance responsibilities of a homeowners association (HOA) as compared to those of its members. Davis-Stirling Act| FindHOALaw
[Board of Directors; Fiduciary Duties] Directors may be required to exercise reasonable care in protecting persons from criminal activity.| 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
Legal requirements governing the common area maintenance responsibilities of a homeowners association (HOA). California Davis-Stirling Act - Section 4775| FindHOALaw
[CC&Rs; Exculpatory Clause] An exculpatory clause in the CC&Rs limiting the HOA's liability is not against public policy.| FindHOALaw
Except as provided below, all associations are required to prepare a reserve study at least once every three (3) years with a review to be conducted annually to determine if adjustments are necessary to the association’s reserve account requirements. (Civ. Code §§ 5300(b), 5550(a).) Once the study is completed, the study is used to prepare […]| FindHOALaw
A homeowners association (HOA) is limited in its ability to increase regular or special assessments without member approval. California Davis-Stirling Act| FindHOALaw
Davis-Stirling Act | Civ. Code § 5610 - A homeowners association (HOA) board is permitted to levy an emergency assessment under emergency circumstances.| FindHOALaw
Davis-Stirling Act | Civ. Code § 5550 - A homeowners association (HOA) is required to prepare a reserve study to determine the HOA's reserve funding needs.| FindHOALaw
Civil Code Section 5300 requires an association to prepare and distribute to its members an annual budget report. The annual budget report serves as a consolidated disclosure statement which must include all of the following information, as well as any additional requirements imposed by the association’s governing documents: (Civ. Code § 5300(b)(1)-(9).) Operating Budget – a pro […]| FindHOALaw
Homeowners in homeowners associations (HOAs) are responsible for repairs and replacements necessary to restore interrupted utility services| FindHOALaw
Would delete the requirement that the insurance policy for an EV charging station name the association as an additional insured party.| 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
Davis-Stirling Act | Civ. Code § 5850 - A homeowners association (HOA) must disclose its policy for imposing fines against its members for HOA violations.| 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
[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
Davis-Stirling Act | Civ. Code § 4775 - The maintenance and repair responsibilities of homeowners within a HOA versus those of the HOA.| FindHOALaw
Davis-Stirling Act | Civ. Code § 4760 - Homeowners within a HOA may make improvements to their properties, subject to the HOA's architectural restrictions.| 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
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
Davis-Stirling Act | A homeowners association (HOA) may adopt architectural standards governing architectural improvements within the HOA's development.| FindHOALaw
The architectural control powers of a homeowners association (HOA) are often exercised by the HOA's architectural committee. Davis-Stirling Act.| FindHOALaw
Legal requirements governing the process through which a HOA's Board of Directors may enact or amend HOA rules and policies. California Davis-Stirling Act| FindHOALaw
Would require a home improvement contract with a subcontractor performing more than 50% of the total estimated project cost to contain the name and contact information of the subcontractor.| 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
Would require inspection and repair of community vehicular gates beginning July 1, 2026 and every 5 years thereafter.| 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
A homeowners association (HOA) may adopt an architectural application and approval process for member architectural improvements. Davis-Stirling Act.| FindHOALaw
