A California condominium HOA adopts a new rule requiring all exterior paint to be white. An owner painted their unit blue before the rule was adopted and refuses to repaint. The CC&Rs give the HOA authority to adopt rules regarding exterior appearance. Under California law, can the HOA enforce this rule against the existing blue paint?
Correct Answer
D) Yes, the HOA can enforce reasonable rules adopted under the authority granted in the CC&Rs
Under the California Davis-Stirling Act (Civil Code §4340-4370), an HOA board can adopt and enforce reasonable rules and regulations within the scope of authority granted by the CC&Rs. If the CC&Rs authorize rules about exterior appearance, a rule requiring uniform paint color is generally considered reasonable and enforceable, even against existing non-conforming conditions, as long as the owner is given reasonable notice and time to comply.
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Related Topics & Key Terms
Key Terms:
Related Concepts
A variance is an authorized deviation from the existing zoning ordinance granted to a property owner who demonstrates unique hardship. It allows a use or structure that would otherwise violate the current zoning rules.
Wetlands protection refers to federal and state regulations that restrict development on wetlands — areas where water covers the soil or is near the surface for part of the year. The primary federal authority is the Clean Water Act enforced by the Army Corps of Engineers.
Zoning is the government's division of land into districts with specific permitted uses such as residential, commercial, industrial, or agricultural. It is the most common exercise of police power over private property.
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