Would make any provision of the governing documents or architectural guidelines void and unenforceable if it prohibits or restricts the installation, upgrade, replacement, or use of a colling system.
Current Status: Pending
FindHOALaw Quick Summary:
The Davis-Stirling Act includes provisions that limit the authority of an association or the governing documents to regulate the use of a member’s separate interest.
This bill would add Civil Code Section 4737 to make void and unenforceable any provision of the governing documents, architectural guidelines, or policies if the provision prohibits or restricts the installation, upgrade, replacement, or use of a cooling system.
The bill would make an association that willfully violates these provisions liable to the member for actual damages and a civil penalty paid to the member in an amount not to exceed $2,000.
from the California Legislature's website
Related Topics
Related Statutes
Related Case Law
- Rancho Sante Fe Association v. Dolan-King
(2004) 115 Cal.App.4th 28
[Architectural Control; Architectural Standards] A HOA’s architectural standards could be used to define undefined architectural restrictions/terms contained in the CC&Rs.
- Bear Creek Planning Committee v. Ferwerda
(2011) 193 Cal.App.4th 1178
[Architectural Control; Architectural Standards] 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.
- 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.
- Cohen v. Kite Hill Community Association
(1983) 142 Cal.App.3d 642
[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.
- Dolan-King v. Rancho Sante Fe Association
(2000) 81 Cal.App.4th 965
[Architectural Control; Judicial Deference] An association may grant discretionary authority to an Architectural Committee to apply subjective, aesthetic criteria for approving member applications for proposed architectural improvements.