Cal. Civ. § 1354. Covenants and Restrictions in Declaration as Equitable Servitudes; Enforcement; Alternative Dispute Resolution
Common Interest Developments>Governing Documents>Enforcement California Civil Code § 1354. Covenants and Restrictions in Declaration as Equitable Servitudes; Enforcement; Alternative Dispute Resolution (a) The covenants and restrictions in the declaration shall be enforceable equitable servitudes, unless unreasonable, and shall inure to the benefit of and bind all owners of separate interests in the development. Unless the […]
Pinnacle Museum Tower Ass’n v. Pinnacle Market Dev. (2010)
A Binding Arbitration Provision contained in a HOA’s CC&Rs was held not to be enforceable as between the HOA and the Developer in a construction defect action… Pinnacle Museum Tower Association v. Pinnacle Market Development (US), LLC (2010) 113 Cal.Rptr.3d 399** Review Granted | Previously published at: 187 Cal.App.4th 24 ** SYNOPSIS Background: Homeowners association […]
Chapter 1. General Provisions
Chapter 1 includes:Article 1. Preliminary ProvisionsArticle 2. Definitions DAVIS-STIRLING COMMON INTEREST DEVELOPMENT ACT CHAPTER 1. GENERAL PROVISIONS Article 1. Preliminary Provisions §1350. CitationThis title shall be known and may be cited as the Davis-Stirling Common Interest Development Act. §1350.5. HeadingsDivision, part, title, chapter, and section headings do not in any manner affect the scope, meaning, […]
Chapter 2. Governing Documents
Chapter 2 includes:Article 1. CreationArticle 2. EnforcementArticle 3. AmendmentArticle 4. Operating Rules
Cal. Civ. § 1365.2. Inspection of Books and Records
Inspection of Books and Records of Association
Chapter 3. Ownership Rights and Interests
Mansouri v. Superior Court of Placer County, (2010)
A HOA’s failure to comply with its own arbitration provisions nullified its request to compel binding arbitration…
Dover Village Association v. Jennison, (2010)
The interpretation of a HOA’s maintenance and repair obligations under its CC&Rs resulted in a significant judgment against the HOA…
Chapala Management Corp. v. Stanton, (2010)
A HOA was successful in enforcing its architectural restrictions with respect to a homeowner’s unapproved installation of windows.
Cal. Corp. § 8330
Nonprofit Mutual Benefit Corps> Records, Reports and Rights of Inspection> Rights of Inspection> § 8330. Demand; persons; authorized; reason; alternative proposal