Case Law: Board of Directors

  • Affan v. Portofino Cove Homeowners Association
    (2010) 189 Cal.App.4th 930
    [Maintenance; Board Deference] 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.
  • Alpert v. Villa Romano Homeowners Association
    (2000) 96 Cal.Rptr.2d364
    [Maintenance; Duty of Care] HOA’s responsibility with respect to maintenance and repair of sidewalks adjacent to HOA’s property.
  • Beehan v. Lido Isle Community Association
    (1977) 70 Cal.App.3d 858
    [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.
  • Chantiles v. Lake Forest II Master Homeowners Association
    (1995) 37 Cal.App.4th 914
    [Director Inspection Rights; Privacy] A director’s record inspection rights may be limited by the association’s duty to protect the privacy rights of its members in their voting decisions.
  • Dover Village Association v. Jennison
    (2010) 191 Cal.App.4th 123
    [Maintenance; Board Deference] 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.
  • Ekstrom v. Marquesa at Monarch Beach Homeowners Association
    (2008) 168 Cal.App.4th 1111
    [Architectural Control; Board Powers] An association’s board of directors may not adopt rules that are in conflict with the CC&Rs.
  • Elnekave v. Via Dolce Homeowners Association
    (2006) 142 Cal.App.4th 1193
    A decision to enter into settlement may be invalidated where it was not made in cooperation with the HOA’s Directors.
  • Frances T. v. Village Green Owners Association
    (1986) 42 Cal.3d 490
    Directors may be required to exercise reasonable care in protecting persons from criminal activity.
  • Harvey v. The Landing Homeowners Association
    (2008) 162 Cal.App.4th 809
    The burden of proof transfers onto the person challenging the interested transaction when the interested Director makes full disclosure of all material facts and recused himself from the board’s discussion and vote.
  • Laguna Royale Owners Association v. Darger
    (1981) 119 Cal.App.3d 670
    Reasonableness of an association’s restrictions and powers is determined by whether they are rationally related to the protection, preservation or proper operation of the Association and its purposes.
  • Lamden v. La Jolla Shores Clubdominium Homeowners Association
    (1999) 21 Cal.4th 249
    [Rule of Judicial Deference; Maintenance] Courts will defer to decisions made by a HOA Board of Directors regarding ordinary maintenance of a common interest development.
  • Mayo v. Interment Properties, Inc.
    (1942) 53 Cal.App.2d 654
    [Board of Directors; Director Resignation] A resigning director may participate in the selection of his/her replacement where the selection takes place prior to the effective date of the resignation.
  • Palm Springs Villas II HOA v. Parth
    (2016) 248 Cal.App.4th 268
    [Fiduciary Duty; Business Judgment Rule] 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.
  • Posey v. Leavitt
    (1991) 229 Cal.App.3d 1236
    [Restrictions; Duty to Enforce] A homeowner has the right to sue the HOA to compel the HOA to uphold its duty to enforce the restrictions.
  • Raven’s Cove Townhomes, Inc. v. Knuppe Development Co.
    (1981) 114 Cal.App.3d 783
    [Fiduciary Duties; Reserve Account] A HOA board’s failure to properly fund a reserve account constituted a breach of their fiduciary duties to the HOA and its members.
  • Ritter & Ritter v. Churchill Condominium Association
    (2008) 166 Cal.App.4th 103
    [Maintenance; Board Deference] The deference afforded to HOA boards covers only “ordinary” maintenance; the “Lamden Rule” only insulates directors from liability, not the HOA.
  • Watts v. Oak Shores Community Association
    (2015) 235 Cal.App.4th 466
    [Operating Rules; Rental Activities; Board Deference] Homeowners associations may adopt reasonable rules and impose fees on members relating to short-term rentals of condominium units.