Thus, we adopt today for California courts a rule of judicial deference to community association board decisionmaking that applies, regardless of an association’s corporate status, when owners in common interest developments seek to litigate ordinary maintenance decisions entrusted to the discretion of their associations’ boards of directors.” ( Lamden, at 253.) “Where a duly constituted community association board, upon reasonable investigation, in good faith and with regard for the best interests of the community association and its members, exercises discretion within the scope of its authority under relevant statutes, covenants and restrictions to select among means for discharging an obligation to maintain and repair a development’s common areas, courts should defer to the board’s authority and presumed expertise. La Jolla Shores Clubdominium HOA (1999) 21 Cal.4th 249, the California Supreme Court adopted a rule known as the “ Rule of Judicial Deference.” The Rule of Judicial Deference generally requires courts to defer to maintenance decisions made by HOA boards even if a reasonable person would have acted differently in the same situation: Methods of Maintenance & Judicial Deference Code § 5550 See also “ Reserve Study.”) The reserve study is used to determine the amount of reserve funds that should be set aside for the maintenance and repair of major components which the association is obligated to maintain, and which have a remaining useful life of less than thirty (30) years. ( Civ. Upholding an association’s common area maintenance responsibilities places a duty on the board of directors to inspect the common areas at least once every three (3) years and to prepare a reserve study. “(a) Unless otherwise provided in the declaration of a common interest development, the association is responsible for repairing, replacing, or maintaining the common area, other than exclusive use common area, and the owner of each separate interest is responsible for maintaining that separate interest and any exclusive use common area appurtenant to the separate interest.” ( Civ. In the event that such provisions are absent or ambiguous, Civil Code Section 4775 establishes an association’s default common area maintenance responsibilities: ![]() Those responsibilities are typically outlined within the provisions of an association’s declaration ( CC&Rs). Code § 4095(a).) One of the primary responsibilities of an association is to maintain, repair and replace the common area. ![]() Everything that is located within an association’s development except for the “ separate interests” (the units or lots owned by the association’s individual members) constitutes common area.
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