What are the requirements for the rules of the association to be valid and enforceable?
(a) The rule must be in writing.
(b) The rule must be within the authority of the board of directors of the association.
(c) The rule must not be inconsistent with the governing law or the governing documents.
(d) The rule must be adopted in good faith and in substantial compliance with these requirements.
(e) The rule must be reasonable.
See also: Cebular v. Cooper Arms Homeowners Association (2006) 142 Cal. App. 4th 106, where dissimilar assessments tied to proportionate allocation of voting rights was found to be reasonable and Chapala Management Corp. v. Stanton (2010) 186 Cal. App. 4th 1532, were rule allowing dissimilar exterior window colors based on location was found to be reasonable.
- What are the election and voting procedures of an association?
- Can Association funds be used for campaign purposes in connection with an association board election?
- What are the correct procedures for the association to change its rules?
- Can the members of an association reverse a rule change by the association?
- What are the requirements for the rules of the association to be valid and enforceable?
- Are meetings of the Board of Directors of an association required to be open to the members?
- Is a member of the association entitled to inspect the books and records of the association?
- Is the seller of a condominium required to make specified disclosures to the buyer relating to the condominium?
- Can the Members of the association extend the term of the CC&R’s?
- Can the Association deny you access to The Association's financial records?