articles by barry A. Ross

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.