Legal Question in Real Estate Law in California
association
our cc&r require a quorum of the board
on all action taken. one board member
made the decision with out a vote, to
sue a home ownwer. Is there a case
were the judge ruled in favor of the
member because the cc&r were not
follow or the civil codes.
1 Answer from Attorneys
Re: association
It sounds like the Board member is suing on his own behalf as an individual owner of the community. Unless the governing documents state otherwise an individual owner may sue to enforce the covenants contained in their governing documents. CC � 1354. If a HOA has a history of non-enforcement then they may have arguably waived their right to enforce the covenants in their governing documents. There is CA case law that allows individual owners to enforce covenants where the HOA has not.
In addition, generally an individual owner must first exhaust all internal dispute resolutions requirements within the governing documents as well as satisfy statutorily required ADR through certification before a suit can be filed to enforce covenants against individual owner.
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