An association has the authority to enforce violations of the association’s governing documents. (Civ. Code § 5975; See also “Standing to Litigate.”) Enforcement of the restrictions contained in the governing documents (i.e., in the CC&Rs) is considered the responsibility of an association. (Duffey v. Superior Court (1992) 3 Cal.App.4th 425, 431.) An association may be held liable for its failure to enforce those restrictions. (Posey v. Leavitt (1999) 229 Cal.App.3d 1236; See also “Failure to Enforce.”)

Discretion to Litigate
An association’s duty to enforce the governing documents does not necessarily require the board to litigate every violation of the association’s governing documents. A board has discretion when deciding whether to commence litigation; that discretion allows for the board to weigh various factors such as the severity of the violation at issue, the anticipated costs of litigation, and the likely outcome of litigation when deciding whether or not to litigate a particular violation. (Beehan v. Lido Isle Community Assn. (1977) 70 Cal.App.3d 858.)

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