An association has standing to institute, defend, settle, or intervene in litigation, arbitration, mediation, or administrative proceedings in its own name as the real party in interest and without joining with it the members, in matters pertaining to the following:
(a) Enforcement of the governing documents.
(b) Damage to the common area.
(c) Damage to a separate interest that the association is obligated to maintain or repair.
(d) Damage to a separate interest that arises out of, or is integrally related to, damage to the common area or a separate interest that the association is obligated to maintain or repair.
Related Case Law
- Duffey v. Superior Court
(1992) 3 Cal.App.4th 425
[Declaration; Enforcement] HOAs may file declaratory relief actions for an authoritative interpretation of the 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 proposed construction.
- Seahaus La Jolla Owners Association v. Superior Court
(2014) 224 Cal.App.4th 754
[Attorney-client privilege; Homeowners] Attorney-client privilege applies to communication between association’s attorney and homeowners.
- Market Lofts Community Association v. 9th Market Lofts, LLC
(2014) 222 Cal.App.4th 924
[Association Standing to Sue] Right of association to challenge developer agreements; right to bring suit as representative of association’s members.