An overview of fiduciary duties of California Common Interest Development Directors and Officers.

Penalties, such as fines and suspension of privileges, cannot be imposed against a member unless due process has been followed. "Due process" is procedural fairness in the board's decision-making process.

A flowchart depicting a dispute resolution process.

We often hear from board members whether or not the association has to enforce the governing documents. Often, the enforcement "issue" has to do with an alleged nuisance that may be impacting only one owner, such as cigarette or marijuana smoke, noises from hard surface flooring in the unit above, or an odor. The question often leads to debate between board members as to whether the association is absolutely obligated to enforce the restrictions and the CC&Rs.