Case Law: Maintenance

  • 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.
  • 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.
  • 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.
  • 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.