Case Law

California HOA decisions

189 published decisions shaping the Davis‑Stirling Act — each linked to the sections it interprets.

Editorial summaries — not the court’s words.

24 Cal. 4th 627 · 2000 Aas v. Superior Court No tort recovery for construction defects that have not yet caused property damage. ★ Historical Interprets other law
90 Cal. App. 4th 354 · 2001 Adelman v. Associated International Insurance Individual owners cannot sue the association’s insurer for negligent claim handling.
189 Cal. App. 4th 930 · 2010 Affan v. Portofino Cove Homeowners Assn. Judicial deference protects maintenance decisions, not board inaction. § 2 sections
44 Cal. App. 5th 1073 · 2020 Aldea Dos Vientos v. CalAtlantic Group, Inc. A developer cannot use a member-vote precondition to block defect claims. § 3 sections
171 Cal. App. 4th 1356 · 2009 Alfaro v. Community Housing Improvement System & Planning Assn., Inc. Recorded deed restrictions bind buyers, but sellers must still disclose them. Interprets other law
246 Cal. App. 4th 761 · 2016 Almanor Lakeside Villas Owners Ass'n. v. Carson Prevailing-party status turns on litigation objectives, not net dollars. § 3 sections
81 Cal. App. 4th 1320 · 2000 Alpert v. VILLA ROMANO HOMEOWNERS ASSN. Associations that control adjoining sidewalks owe pedestrians a duty of care. Interprets other law
127 Cal. App. 4th 847 · 2005 Arias v. KATELLA TOWNHOUSE HOMEOWNERS ASS'N An association’s voluntary payments count toward the recovery its settlement offer must beat. § 1 section
2025 Arroyo v. Pacific Ridge Neighborhood Homeowners Assn. Candidate statements mailed with ballots are association media requiring equal access. § 6 sections
19 Cal. App. 5th 923 · 2018 Artus v. Gramercy Towers Condo. Ass'n Winning a preliminary injunction doesn’t make you the prevailing party for fees. § 19 sections
76 Cal.App.5th 1043 · 2022 Artus v. Gramercy Towers Condominium Assn. Records and election procedures are enforced strictly, with fee exposure. § 4 sections
121 Cal. App. 4th 1578 · 2004 Auburn Woods I Homeowners Ass'n v. Fair Employment & Housing Commission Companion animals can be a reasonable accommodation despite no-dog CC&Rs. ★ Tier 2 Interprets other law
215 Cal. App. 3d 1142 · 1989 B.C.E. Development, Inc. v. Smith Declarants can enforce CC&Rs without owning land when the declaration so provides.
61 Cal. App. 4th 1048 · 1998 Barrett v. Dawson Statute voids CC&R bans on family daycare homes, even pre-existing ones. Interprets other law
194 Cal. App. 4th 861 · 2011 Barry v. Oc Residential Properties, LLC Redeeming after an assessment foreclosure means paying the buyer’s repair costs. § 2 sections
59 Cal. 4th 568 · 2014 Beacon Residential Community Ass'n v. Skidmore, Owings & Merrill LLP Principal architects owe future homeowners a duty of care. ★ Tier 2 Interprets other law
130 Cal. App. 4th 1470 · 2005 Bear Creek Master Ass'n v. Edwards Unbuilt condominium units still owe association assessments. § 5 sections
193 Cal. App. 4th 1178 · 2011 Bear Creek Planning Committee v. Ferwerda Committee rules may extend CC&R standards but not add attorney-fee rights. Interprets other law
70 Cal. App. 3d 858 · 1977 Beehan v. Lido Isle Community Assn. Boards may decline to enforce restrictions using good-faith business judgment. Interprets other law
190 Cal. App. 3d 153 · 1987 Bernardo Villas Management Corp. v. Black Use restrictions unreasonable as applied to the facts are unenforceable. § 2 sections
152 Cal. App. 4th 1544 · 2007 Berryman v. Merit Property Management, Inc. Document and transfer fee caps bind associations, not their managing agents. § 3 sections
92 Cal. App. 4th 1247 · 2001 Committee to Save Beverly Highlands Homes Ass'n v. Beverly Highlands Homes Ass'n Without a common area, the Davis-Stirling Act does not apply. § 2 sections
205 Cal. App. 3d 18 · 1988 Bliler v. Covenant Control Committee Senior-housing status turns on physical design, not original developer intent. Interprets other law
55 Cal. App. 4th 472 · 1997 Blue Lagoon Community Assn. v. Mitchell Objectors who defeat a vote-reduction petition get no attorney fees. § 2 sections
26 Cal. App. 5th 743 · 2018 Branches Neighborhood Corp. v. CalAtlantic Group, Inc. Upheld a CC&R member-vote precondition to developer suits — later voided by statute. ★ Historical § 16 sections
25 Cal. App. 4th 1 · 1994 Broadmoor San Clemente Homeowners Assn. v. Nelson Fair-housing law overrides CC&R bans on small elder-care homes. Interprets other law
127 Cal. App. 4th 532 · 2005 Brown v. Professional Community Management, Inc. The fee-cost limit binds associations, not their managing agents. § 2 sections
68 Cal. App. 5th 124 · 2021 Brown v. Montage at Mission Hills, Inc. A short-term rental ban cannot bind owners who predate it. § 9 sections
197 Cal. App. 4th 1077 · 2011 Cabrera v. Alam Election-related speech at HOA meetings is protected anti-SLAPP activity. Interprets other law
177 Cal. App. 4th 1090 · 2009 Carolyn v. Orange Park Community Assn. Merely tolerated public use does not make HOA common areas public accommodations.
142 Cal. App. 4th 106 · 2006 Cebular v. COOPER ARMS HOMEOWNERS ASS'N Assessments proportioned to voting power are not wholly arbitrary. § 2 sections
169 Cal. App. 3d Supp. 1 · 1985 Cerro de Alcala Homeowners Ass'n v. Burns Vacating a unit does not excuse an owner from paying assessments. § 1 section
37 Cal. App. 4th 914 · 1995 Chantiles v. Lake Forest II Master Homeowners Ass'n Director inspection rights are balanced against members’ ballot privacy. Interprets other law
186 Cal. App. 4th 1532 · 2010 CHAPALA MANAGEMENT CORP. v. Stanton Prevailing-party fee awards under the Act are stayed on appeal without a bond. § 1 section
143 Cal. App. 4th 1360 · 2006 Chee v. Amanda Goldt Property Management CC&Rs do not make owners liable for their tenants' pets. § 1 section
27 Cal. App. 5th 1202 · 2018 Cheveldave v. Tri Palms Unified Owners Ass'n Without a common area, an association has no Davis-Stirling authority to bind owners. § 4 sections
164 Cal. App. 4th 539 · 2008 Christian v. Flora CC&Rs and deeds incorporate recorded amendments to the subdivision map. Interprets other law
12 Cal. 4th 345 · 1995 Citizens for Covenant Compliance v. Anderson CC&Rs recorded before the first sale bind all later purchasers. ★ Tier 1 Interprets other law
216 Cal. App. 3d 606 · 1989 Clark v. Rancho Santa Fe Assn. Governing documents can authorize subjective aesthetic review beyond objective standards. § 1 section
243 Cal. App. 4th 910 · 2016 Clark v. McCann Election officials may reject provisional ballots lacking valid residence addresses. Interprets other law
182 Cal. App. 4th 459 · 2010 Clear Lake Riviera Community Assn. v. Cramer Circumstantial evidence of long enforcement can prove a rule’s valid adoption. § 1 section
233 Cal. App. 4th 960 · 2015 Cobb v. Ironwood Country Club A board cannot amend its governing documents to bind members' already-accrued disputes. Interprets other law
142 Cal. App. 3d 642 · 1983 Cohen v. Kite Hill Community Assn. Architectural approvals must be made in good faith, not arbitrarily. ★ Tier 2 § 1 section
51 Cal. App. 5th 943 · 2020 Coley v. Eskaton Conflicted directors lose business-judgment-rule protection and face personal liability. ★ Tier 2 § 1 section
143 Cal. App. 4th 1156 · 2006 Colony Hill v. Ghamaty Single-family use restrictions bar serial room rentals to unrelated tenants. § 1 section
9 Cal. App. 5th 119 · 2017 Colyear v. Rolling Hills Community Ass'n of Rancho Palos Verdes Invoking association processes on issues of community-wide concern is protected activity. Interprets other law
100 Cal. App. 5th 110 · 2024 Colyear v. Rolling Hills Community Assn. of Rancho Palos Verdes A covenant binds a parcel only if recorded against that parcel. § 2 sections
163 Cal. App. 4th 831 · 2008 Coronado v. Cobblestone Village Community Rentals, L.P. Residential areas of a complex are not public accommodations. Interprets other law
175 Cal. App. 4th 1175 · 2009 Costa Serena Owners Coalition v. Costa Serena Architectural Committee Flawed CC&R amendments are voidable and must be challenged within four years. Interprets other law
193 Cal. App. 4th 1110 · 2011 Country Side Villas Homeowners Ass'n v. Ivie Suing a member for criticizing the board invites an anti-SLAPP strike. § 1 section
41 Cal. App. 4th 1379 · 1996 Cutujian v. Benedict Hills Estates Assn. A demand for performance, not the underlying damage, starts the CC&R limitations clock. § 1 section
85 Cal. App. 4th 468 · 2000 Damon v. Ocean Hills Journalism Club HOA board meetings and community newsletters are anti-SLAPP public forums. ★ Tier 2 § 1 section
13 Cal. App. 4th 1394 · 1993 Deane Gardenhome Assn. v. Denktas A homeowner who fully defeats an enforcement suit must get fees. Interprets other law
170 Cal. App. 4th 721 · 2008 Dey v. Continental Central Credit Statutory fee caps bind associations, not their outside vendors. § 2 sections
217 Cal. App. 4th 1172 · 2013 Diamond v. Superior Court Foreclosing an assessment lien requires strict compliance with every notice requirement. § 3 sections
196 Cal. App. 4th 290 · 2011 Diamond Heights Village Ass'n v. Financial Freedom Senior Funding Corp. Assessment liens merge into the judgment when judicially foreclosed. § 4 sections
81 Cal. App. 4th 965 · 2000 Dolan-King v. Rancho Santa Fe Assn. Courts defer to good-faith architectural review under recorded covenants. § 1 section
102 Cal. App. 5th 107 · 2024 Doskocz v. ALS Lien Services Homeowners cannot waive the assessments-first payment allocation rule. § 5 sections
191 Cal. App. 4th 123 · 2010 Dover Village Ass'n v. Jennison Board deference does not cover legal questions of who must repair. § 2 sections
85 Cal. App. 4th 1400 · 2001 Dowling v. Zimmerman An attorney’s board letter about a resident dispute can be protected anti-SLAPP speech. Interprets other law
3 Cal. App. 4th 425 · 1992 Duffey v. Superior Court An association can sue over CC&R meaning without naming objecting neighbors. § 2 sections
36 Cal. App. 5th 626 · 2019 Eisen v. Tavangarian Covenants restricting “erecting” structures do not reach remodels of existing homes. Interprets other law
31 Cal. App. 5th 1 · 2018 Eith v. Ketelhut Commercial-use bans reach only activity that affects residential character. § 1 section
168 Cal.App.4th 1111 · 2008 Ekstrom v. Marquesa at Monarch Beach Homeowners Assn. Express CC&R duties must be enforced uniformly.
142 Cal. App. 4th 1193 · 2006 Elnekave v. via Dolce Homeowners Ass'n Only a board member or officer can settle for an association. Interprets other law
2025 Eng v. Opperman Judicial deference protects good-faith board denials of architectural applications. § 2 sections
141 Cal. App. 4th 1007 · 2006 Farber v. BAY VIEW TERRACE HOMEOWNERS ASS'N Former owners lack standing to enforce CC&Rs after selling. § 2 sections
27 Cal. App. 4th 503 · 1994 Fidelity Mortgage Trustee Service, Inc. v. Ridgegate East Homeowners Ass'n Failure to tender a defense does not bar agency-based indemnity. Interprets other law
80 Cal. App. 4th 1152 · 2000 Finley v. Superior Court The special litigation committee defense applies to homeowner associations. Interprets other law
65 Cal. App. 4th 688 · 1998 FOOTHILLS TOWNHOME ASSN. v. Christiansen Reserve-replenishing special assessments do not exceed the costs they defray. § 1 section
67 Cal. App. 4th 743 · 1998 Fountain Valley Chateau Blanc Homeowner's Ass'n v. Department of Veterans Affairs Maintenance clauses don’t let a board dictate an owner’s housekeeping. Interprets other law
159 Cal.App.4th 563 · 2008 Fourth La Costa Condominium Owners Ass'n v. Seith Courts can lower the CC&R amendment threshold after a failed good-faith vote. § 1 section
220 Cal. App. 4th 1152 · 2013 Fowler v. M&C Ass'n Management Services, Inc. Manager transfer fees are Act-authorized and need no recorded notice. § 3 sections
42 Cal. 3d 490 · 1986 Frances T. v. Village Green Owners Assn. Associations owe residents a landlord’s duty against foreseeable crime. ★ Tier 1 Interprets other law
19 Cal. App. 4th 824 · 1993 Franklin v. Marie Antoinette Condominium Owners Ass'n CC&R exculpatory clauses can bar damage claims against a nonnegligent association. § 1 section
220 Cal. App. 4th 1055 · 2013 Friars Village Homeowners v. Hansing Boards may set reasonable director qualifications by operating rule. § 3 sections
19 Cal. App. 5th 399 · 2018 Golden Eagle Land Inv., L.P. v. Rancho Santa Fe Ass'n Anti-SLAPP shields HOA board communications on land-use matters of public concern. § 8 sections
163 Cal. App. 4th 1141 · 2008 Golden Rain Foundation v. Franz A nonprofit formed to manage a common interest development is an association. § 5 sections
21 Cal. App. 5th 896 · 2018 Greenfield v. Mandalay Shores Cmty. Ass'n Coastal-zone associations cannot ban short-term rentals without a coastal permit. Interprets other law
212 Cal. App. 4th 1128 · 2012 Grossman v. Park Fort Washington Ass'n Prevailing parties recover attorney fees for pre-litigation mediation. § 3 sections
153 Cal. App. 4th 863 · 2007 Haley v. Casa Del Rey Homeowners Ass'n Courts defer to a board’s choice of how to enforce CC&Rs. § 1 section
162 Cal. App. 4th 809 · 2008 Harvey v. the Landing Homeowners Assn. Judicial deference extends beyond maintenance to discretionary board decisions under the CC&Rs.
39 Cal. App. 4th 1844 · 1995 Havlicek v. Coast-To-Coast Analytical Services, Inc. Director records-inspection rights are broad but courts may impose conditions. Interprets other law
137 Cal. App. 4th 1 · 2006 Healy v. Tuscany Hills Landscape & Recreation Corp. Letters telling members about pending association litigation are absolutely privileged. Interprets other law
21 Cal. App. 4th 1568 · 1994 Heather Farms Homeowners Assn. v. Robinson Courts decide the prevailing party for CC&R fees pragmatically. § 1 section
149 Cal. App. 4th 724 · 2007 Heiman v. Workers' Compensation Appeals Board Associations answer for managing agents who hire unlicensed contractors. § 2 sections
6 Cal. App. 4th 1224 · 1992 Hellman v. La Cumbre Golf & Country Club Longstanding, known recreational hazards are not automatically an actionable nuisance. Interprets other law
19 Cal. App. 5th 376 · 2018 Heron Bay Homeowners Ass'n v. City of San Leandro Property-value motives do not bar association public-interest fee awards. Interprets other law
604 B.R. 826 · 2019 In re: Maria A. Basave De Guillen Assessment liens secure only the amounts stated in the recorded notice. § 8 sections
230 Cal. App. 4th 590 · 2014 Huntington Continental Townhouse Ass'n v. Miner Associations must accept partial payments toward delinquent assessments. § 16 sections
213 Cal. App. 3d 1012 · 1989 Huntington Landmark Adult Community Ass'n v. Ross Senior-only age restrictions hold up when the community truly serves seniors' needs. Interprets other law
178 Cal. App. 3d 766 · 1986 Ironwood Owners Assn. IX v. Solomon An association must follow its own procedures before enforcing its CCRs. § 2 sections
98 Cal. App. 4th 715 · 2002 Kaplan v. Fairway Oaks Homeowners Ass'n Election challenges enforcing the bylaws carry prevailing-party attorney fees. § 2 sections
116 Cal. App. 4th 1182 · 2004 Kapner v. MEADOWLARK RANCH ASSN. Adverse possession may not masquerade as a prescriptive easement. Interprets other law
204 Cal. App. 3d 1476 · 1988 Kaye v. Mount La Jolla Homeowners Assn. Common-area damage remedies stop at the CC&R repair bargain. Interprets other law
41 Cal. App. 4th 863 · 1996 Kovich v. Paseo Del Mar Homeowners' Ass'n Associations owe no disclosure duty to prospective purchasers. § 3 sections
220 Cal. App. 3d 1187 · 1990 La Jolla Mesa Vista Improvement Ass'n v. La Jolla Mesa Vista Homeowners Ass'n Signed consent to a CC&R extension cannot be unilaterally revoked. § 1 section
119 Cal. App. 3d 670 · 1981 Laguna Royale Owners Assn. v. Darger Association power over transfers must be exercised reasonably, not arbitrarily. ★ Tier 2 § 1 section
51 Cal. App. 4th 1403 · 1996 Lake Arrowhead Chalets Timeshare Owners Ass'n v. Lake Arrowhead Chalets Owners Ass'n Amendments harming a class of members need that class’s separate approval.
89 Cal. App. 5th 834 · 2023 Lake Lindero Homeowners Assn., Inc. v. Barone Bylaws cannot demand a bigger vote to recall directors than state law allows. Interprets other law
21 Cal.4th 249 · 1999 Lamden v. La Jolla Shores Clubdominium Homeowners Ass'n Courts defer to good-faith board maintenance decisions. ★ Tier 1 § 2 sections
125 F. App'x 146 · 2005 Landesman v. Keys Condominium Owners Ass'n Preliminary injunction orders get only deferential appellate review. Interprets other law
92 Cal. App. 5th 889 · 2023 Lauckhart v. El Macero Homeowners Assn. Acquiring common area brings a development under the Davis-Stirling Act. § 9 sections
203 Cal. App. 4th 128 · 2012 Lewow v. Surfside III Condominium Owners Ass'n., Inc. Bankruptcy stays do not toll attorney-fee motion deadlines.
40 Cal. App. 4th 1600 · 1995 Liebler v. Point Loma Tennis Club Rules may bar nonresident owners from common recreational facilities. § 3 sections
94 Cal. App. 5th 1050 · 2023 LNSU 1, LLC v. Alta Del Mar Coastal Collection Community Assn. Pre-meeting director emails are not Open Meeting Act board meetings. § 20 sections
7 Cal. App. 4th 618 · 1992 Major v. Miraverde Homeowners Assn. Association rules cannot exceed the authority granted by the CC&Rs. § 1 section
11 Cal. App. 5th 54 · 2017 Marina Pacifica Homeowners Ass'n v. Southern California Financial Corp. A savings clause preserved transfer fees upheld by a final judgment. Interprets other law
222 Cal. App. 4th 924 · 2014 Market Lofts Community Ass'n v. 9th Street Market Lofts, LLC An association may sue on its own behalf and for its members. § 2 sections
153 Cal. App. 4th 228 · 2007 Marquez Knolls Property Owners Ass'n v. Executive Risk Indemnity, Inc. A policy’s construction exclusion reaches only the insured’s own construction activity. Interprets other law
173 Cal. App. 4th 1024 · 2009 Martin v. Bridgeport Community Assn., Inc. Only owners can enforce CC&Rs; non-owner residents lack standing. § 2 sections
845 F.3d 984 · 2017 Zakia Mashiri v. Epsten Grinnell & Howell HOA pre-lien collection notices must honor federal debt-dispute rights. § 7 sections
4 Cal. 5th 241 · 2018 McMillin Albany LLC v. Superior Court of Kern Cnty. The Right to Repair Act is the virtually exclusive remedy for residential construction defects. ★ Tier 1 Interprets other law
166 Cal. App. 4th 789 · 2008 Mission Shores Assn. v. Pheil Courts may lower the vote threshold to amend CC&Rs. § 2 sections
92 Cal. App. 4th 156 · 2001 Moran v. OSO VALLEY GREENBELT ASS'N Wrongfully withholding association records can trigger a member’s fee award. § 1 section
117 Cal. App. 4th 1029 · 2004 Moran v. Oso Valley Greenbelt Ass'n Boards that stonewall member record requests risk fee awards. Interprets other law
59 Cal. App. 4th 885 · 1997 MOUNT OLYMPUS PROPERTY OWNERS ASS'N INC. v. Shpirt The Act’s attorney-fee provision applies only to true common interest developments. § 3 sections
215 Cal. App. 4th 1428 · 2013 Multani v. Witkin & Neal Assessment foreclosures require post-sale notice of the redemption right. § 2 sections
8 Cal.4th 361 · 1994 Nahrstedt v. Lakeside Village Condominium Assn. Recorded CC&R restrictions are presumed valid and enforceable. ★ Tier 1 § 1 section
4 Cal. App. 5th 982 · 2016 Nellie Gail Ranch Owners Ass'n v. McMullin Willful encroachment on common area gets removal, not an equitable easement. § 1 section
172 Cal. App. 4th 857 · 2009 Nelson v. Avondale Homeowners Assn. Associations may enforce rules restricting home businesses in residences. Interprets other law
33 Cal. 3d 790 · 1983 O'CONNOR v. Village Green Owners Assn. Homeowners associations are business establishments bound by anti-discrimination law. ★ Tier 2 Interprets other law
126 Cal. App. 4th 549 · 2005 James F. O'Toole Co. v. Los Angeles Kingsbury Court Owners Ass'n Courts can compel an emergency assessment to pay a judgment against an association. § 2 sections
32 Cal. App. 5th 471 · 2019 Orchard Estate Homes, Inc. v. Orchard Homeowner Alliance Voter apathy is not required to court-reduce a CC&R supermajority. § 1 section
160 Cal. App. 4th 1557 · 2008 Pacific Hills Homeowners Association v. Prun Unrecorded HOA restrictions get the five-year enforcement limitations period. Interprets other law
119 Cal. App. 4th 855 · 2004 Palacin v. All State Insurance A CC&R duty to maintain is not a duty to insure. Interprets other law
248 Cal. App. 4th 268 · 2016 Palm Springs Villas II Homeowners Ass'n v. Parth The business judgment rule protects only directors who stay reasonably informed. § 4 sections
110 F. Supp. 3d 1017 · 2015 Pappion v. R-Ranch Property Owners Ass'n A private association’s owner-only facilities are exempt from the ADA. Interprets other law
29 Cal. App. 4th 427 · 1994 Park Place Estates Homeowners Assn. v. Naber Owners cannot offset assessments against grievances with the association. § 2 sections
112 Cal. App. 4th 873 · 2003 Parrott v. MOORING TOWNHOMES ASSN., INC. A homeowner’s voluntary dismissal does not defeat statutory HOA attorney fees. § 1 section
140 Cal. App. 4th 1363 · 2006 Peak Investments v. South Peak Homeowners Ass'n A court may cut a CC&R supermajority only after a true majority of all owners approves. § 1 section
55 Cal. 4th 223 · 2012 Pinnacle Museum Tower Ass'n v. Pinnacle Market Development (US), LLC Developer-drafted arbitration covenants in recorded CC&Rs bind the association. ★ Tier 2 § 7 sections
229 Cal. App. 3d 1236 · 1991 Posey v. Leavitt Any owner may sue directly to enforce the CC&Rs. § 1 section
210 Cal. App. 4th 132 · 2012 PV Little Italy v. Metrowork Condominium Ass'n Declarant voting rights are assignable and separate from unit ownership. Interprets other law
204 Cal. App. 4th 1132 · 2012 Quail Lakes Owners Ass'n v. Kozina An objector cannot assert other homeowners' rights to block a vote-reduction order. § 1 section
149 Cal. App. 4th 1 · 2007 Queen Villas Homeowners Ass'n v. TCB Property Management A manager’s indemnity clause does not shield it from the association’s own claims. Interprets other law
38 Cal. App. 5th 155 · 2019 Ranch At the Falls LLC v. O'Neal An HOA’s standing to sue does not replace owners in title disputes. § 1 section
2 Cal. App. 5th 252 · 2016 Rancho Mirage Country Club Homeowners Ass'n v. Hazelbaker Mandatory HOA fee-shifting reaches suits enforcing ADR settlement agreements. § 5 sections
115 Cal. App. 4th 28 · 2004 Rancho Santa Fe Ass'n v. Dolan-King Associations may reasonably define undefined CC&R terms without amending them. § 1 section
114 Cal. App. 3d 783 · 1981 Raven's Cove Townhomes, Inc. v. Knuppe Development Co. A developer-controlled board must fund reserves and avoid self-dealing. ★ Tier 1 § 1 section
14 Cal. App. 5th 742 · 2017 Retzloff v. Moulton Parkway Residents' Ass'n A prevailing association recovers costs, not attorney fees, in records suits. § 14 sections
2025 Ridley v. Rancho Palma Grande Homeowners Assn. Bad faith and unreasonable investigation forfeit board deference. § 2 sections
81 Cal. App. 3d 688 · 1978 Ritchey v. Villa Nueva Condominium Assn. Reasonable amendments bind every owner, even those who voted no. § 2 sections
166 Cal. App. 4th 103 · 2008 Ritter & Ritter, Inc. Pension & Profit Plan v. the Churchill Condominium Assn. Lamden deference shields directors, not the association itself. § 1 section
2026 Ruffier v. Volcano Hills Road Maintenance Assn. A board cannot raise regular assessments without member approval or budget compliance. § 14 sections
134 Cal. App. 4th 1456 · 2005 Ruiz v. Harbor View Community Ass'n Anti-SLAPP protects communications about HOA governance disputes. Interprets other law
10 Cal. App. 4th 1624 · 1992 Ruoff v. Harbor Creek Community Assn. Condo owners stay liable for common-area torts despite delegating to the HOA. § 1 section
234 Cal. App. 4th 705 · 2015 Ryland Mews Homeowners Assn. v. Munoz Balanced injunctions enforcing flooring noise restrictions survive technical ADR defects. § 1 section
121 Cal. App. 4th 664 · 2004 Salawy v. Ocean Towers Housing Corp. Governing-document fee awards require a suit that actually enforces those documents. § 1 section
200 Cal. App. 4th 1146 · 2011 Salehi v. Surfside III Condominium Owners Ass'n A plaintiff’s voluntary dismissal can make the association the prevailing party. § 1 section
220 Cal. App. 4th 798 · 2013 San Miguel Community Assn. v. State Farm No duty to defend a suit seeking only injunctive relief. Interprets other law
35 Cal. App. 5th 174 · 2019 Sands v. Walnut Gardens Condo. Ass'n Inc. Neglecting common-area maintenance can breach the CC&Rs as a contract. Interprets other law
215 Cal. App. 4th 1553 · 2013 SB Liberty v. Isla Verde Asso. A member cannot hand its board-meeting attendance right to a nonmember. § 1 section
224 Cal. App. 4th 754 · 2014 Seahaus La Jolla Owners Ass'n v. Superior Court Counsel’s litigation-update briefings to owners stay privileged. § 3 sections
19 Cal. App. 5th 1127 · 2018 Sierra Palms Homeowners Ass'n v. Metro Gold Line Foothill Extension Constr. Auth. Associations have standing to sue for common-area damage, including against government. § 1 section
64 Cal. App. 5th 439 · 2021 Smart Corner Owners Assn. v. CJUF Smart Corner LLC Developer-drafted pre-suit member-vote requirements can’t block construction-defect claims. § 13 sections
79 Cal. App. 4th 639 · 2000 Smith v. Laguna Sur Villas Community Ass'n The association, not its members, holds the attorney-client privilege. Interprets other law
177 Cal. App. 4th 440 · 2009 Starlight Ridge South Homeowners Assn. v. Hunter-Bloor Specific CC&R duties control over general ones in maintenance disputes. Interprets other law
144 Cal. App. 4th 740 · 2006 Stonegate Homeowners Ass'n v. Staben Subcontractors owe homeowners a workmanlike duty of care despite no privity. Interprets other law
196 Cal. App. 4th 933 · 2011 Sui v. Price Association operating rules must be reasonable, like CC&Rs. § 2 sections
190 Cal. App. 3d 377 · 1987 Sunrise Country Club Assn. v. Proud Age restrictions in CC&Rs survive if they stop short of total exclusion. Interprets other law
90 Cal. App. 5th 1116 · 2023 Takiguchi v. Venetian Condominiums Maintenance Corp. A court can order an HOA to count ballots when its board evades an election. Interprets other law
225 Cal. App. 4th 722 · 2014 Talega Maintenance Corp. v. Standard Pacific Corp. HOA board-meeting statements are not automatically anti-SLAPP protected speech. § 1 section
200 Cal. App. 4th 619 · 2011 Tesoro Del Valle Master Homeowners Ass'n v. Griffin An association may impose reasonable, aesthetic-based restrictions on solar installations. § 2 sections
206 Cal. App. 4th 1419 · 2012 That v. Alders Maintenance Ass'n A prevailing association recovers no attorney fees in an election suit, even a frivolous one. § 1 section
49 Cal. App. 5th 366 · 2020 Third Laguna Hills Mutual v. Joslin A cross-complaint attacking HOA conduct, not its lawsuit, is not a SLAPP. Interprets other law
131 Cal. App. 4th 464 · 2005 Tilley v. CZ MASTER ASS'N Associations aren’t liable to a contractor’s injured guard absent affirmative contribution. Interprets other law
118 Cal. App. 4th 906 · 2004 Titus v. Canyon Lake Property Owners Assn. CC&R enforcement authority creates no affirmative duty to protect residents.
96 Cal. App. 4th 1183 · 2002 Trabuco Highlands Community Ass'n v. Head A court, not the arbitrator, decides whether arbitration was binding. Interprets other law
60 Cal. 4th 1135 · 2015 Tract 19051 Homeowners Assn. v. Kemp Prevailing-party fees apply even when the development is not a CID. § 8 sections
10 Cal. App. 5th 24 · 2017 Tract No. 7260 Assn. v. Parker Improper purpose defeats a single member’s inspection demand. Interprets other law
166 Cal. App. 4th 1055 · 2008 Treo @ Kettner Homeowners Ass'n v. Superior Court Developer-written CC&R provisions cannot waive the constitutional jury-trial right. § 1 section
235 Cal. App. 4th 361 · 2015 Trilogy at Glen Ivy v. Shea Homes Anti-SLAPP fails where the alleged wrong predates the litigation. Interprets other law
169 Cal. App. 4th 1385 · 2009 Tritek Telecom, Inc. v. Superior Court A director suing the corporation cannot inspect its privileged litigation-defense records. Interprets other law
180 Cal. App. 4th 676 · 2009 Turner v. Vista Pointe Ridge Homeowners Assn. Routine HOA architectural enforcement is not protected anti-SLAPP activity.
33 Cal. 4th 73 · 2004 Villa De Las Palmas Homeowners Ass'n v. Terifaj Recorded CC&R amendments bind all owners, including existing ones. ★ Tier 2 § 4 sections
198 Cal. App. 4th 522 · 2011 Villa Los Alamos Homeowners Ass'n v. State Farm General Insurance A pollution exclusion bars insurance coverage for an asbestos release. Interprets other law
84 Cal. App. 4th 819 · 2000 Villa Milano Homeowners Ass'n v. Il Davorge Developers can’t bury binding arbitration for construction defects in CC&Rs. ★ Historical § 3 sections
55 Cal. App. 4th 60 · 1997 Ward v. Superior Court of L.A. Cty. An HOA cannot record a notice of noncompliance to coerce CC&R compliance.
235 Cal.App.4th 466 · 2015 Watts v. Oak Shores Community Assn. Associations may reasonably regulate short-term rentals. ★ Tier 2 § 2 sections
132 Cal. App. 4th 666 · 2005 Property Owners of Whispering Palms, Inc. v. Newport Pacific, Inc. An association can sue if even one member has standing. Interprets other law
18 Cal. App. 4th 565 · 1993 Wilton v. Mountain Wood Homeowners Assn., Inc. Recording an assessment lien is protected by the litigation privilege. § 2 sections
109 Cal. App. 4th 1162 · 2003 WINDHAM AT CARMEL MTN. RANCH ASSOCIATION v. Superior Court Association standing statute supplies privity to sue developers for implied warranty. § 1 section
217 Cal.App.4th 654 · 2013 Wittenburg v. Beachwalk Homeowners Ass'n Equal access to association media is required in contested elections. § 2 sections
185 Cal. App. 4th 903 · 2010 Wolf v. CDS DEVCO Director inspection rights end when board service ends. Interprets other law
130 Cal. App. 4th 559 · 2005 Woodridge Escondido Property Owners Ass'n v. Nielsen An architectural committee cannot approve what the CC&Rs expressly forbid. Interprets other law
108 Cal. App. 5th 1 · 2024 Woolard v. Regent Real Estate Services HOAs owe no duty to police neighbor-to-neighbor disputes. Interprets other law
187 Cal. App. 4th 1017 · 2010 Worldmark, the Club v. Wyndham Resort Development Corp. A member’s right to inspect member “addresses” includes email addresses. Interprets other law
129 Cal. App. 4th 618 · 2005 ZABRUCKY v. McAdams A covenant barring any structure that blocks views reaches home additions. Interprets other law