Does the judicial deference rule apply to the actions of the board of a homeowners association?
California, United States of America
The following excerpt is from Eith v. Ketelhut, 242 Cal.Rptr.3d 566, 31 Cal.App.5th 1 (Cal. App. 2018):
If the judicial deference rule applied here, there would be few board decisions to which it did not apply. The judicial deference rule "does not create a blanket immunity for all the decisions and actions of a homeowners association." ( Affan v. Portofino Cove Homeowners Assn. (2010) 189 Cal.App.4th 930, 940, 117 Cal.Rptr.3d 481.)
[242 Cal.Rptr.3d 583]
The Vineyard Is Business or Commercial Activity within the Meaning of the CC&Rs
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
In a personal injury action brought by a former wife against her ex-partner in a civil action, in addition to a similar action against the husband in a separate action, can the court order return to husband in the civil action? (California, United States of America)
How have the courts dealt with a dispute between an architectural committee of a homeowners association and a homeowner's association? (California, United States of America)
Does the continuation rule apply in cases in which the second action arises out of or is a later stage of the original action? (California, United States of America)
Does the anti-SLAPP statute apply to claims of wrongful foreclosure arising from actions taken in a non-judicial foreclosure proceeding? (California, United States of America)
Is a member of a voluntary association entitled to judicial relief if the by-laws of the voluntary association contravene its own constitution? (California, United States of America)
How have the courts applied the rule of judicial deference in a case before us? (California, United States of America)
Can a homeowner's association bring an enforcement action against a property owner who is not a party to the land covenant? (California, United States of America)
Does Section 560.2 of the Federal Savings Association Act, which purports to regulate the lending activities of a federal savings association, apply? (California, United States of America)
What standard of review applies to a finding that a community association board's failure to enforce a pet restriction in an arbitrary or capricious manner? (California, United States of America)
Can a homeowner's association or board of directors exercise discretion to implement procedures that are inconsistent with the plain meaning of its governing document? (California, United States of America)
