Would make an association responsible for any repairs and replacements relating to the interruption of gas, heat, water, or electrical services that begin in the common area, even if the matter extends into another area, and would require the association to complete those repairs within 30 days.
Current Status: Pending
FindHOALaw Quick Summary:
(2)A prevailing owner in an action against an association to enforce this subdivision shall be awarded reasonable attorney’s fees and costs.
(3) If board members of an association are required to vote to initiate any repairs pursuant to this subdivision, voting may be performed by electronic means, including, but not limited to, email.
SEC. 2. Section 5550 of the Civil Code is amended to read:
(c) For purposes of this section, “major components” includes gas lines to the extent that the association is responsible for repair or replacement of those lines pursuant to Section 4775.
from the California Legislature's website
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- 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.