What Makes a Rule Reasonable or Unreasonable?

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Posted On: November 5, 2009 by David C. Swedelson

What Makes a Rule Reasonable or Unreasonable?

We are often asked by Boards about what is a reasonable rule. The answer is that I know it when I see it. We prepared an article that addresses this very issue. Click here for that article, "What Makes a Rule Reasonable or Unreasonable? I Know It When I See It!" By David C. Swedelson, Senior Partner of Swedelson & Gottlieb.

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Assessment Collection
CC&R and Rule Enforcement
Current Affairs
Davis-Stirling Act
- 1350 - Title
- 1350.5 - Title
- 1350.7 - Methods of Document Delivery
- 1351-Definitions
- 1352 - Requirements for Creation of Common Interest Development
- 1352.5 - Covenants in Violations Of Gov't Code § 12955; Action For Injunctive Relief.
- 1353 - Contents of Declaration
- 1353.5 - Displaying Flag of the United States.
- 1353.6 - Displaying Of Noncommercial Signs Or Flags.
- 1353.7 - Fire Retardent Roof Covering Materials.
- 1353.8 - Use Of Low Water-Using Plants.
- 1354 - Covenants And Restrictions In Declaration Enforcement.
- 1355 -Amendment of Declaration.
- 1355.5 - Amendment To Delete Developer Provision.
- 1356 - Petition To Court To Reduce Percentage Of Affirmative Votes.
- 1357 - Extending Term Of Declaration.
- 1357.100 -Definitions
- 1357.110 -Enforceability of Rules
- 1357.120 -Applicability of §§1357.130 and 1357.140
- 1357.130 -Notice of Rule Changes
- 1357.140 -Members ' Request for Special Meeting
- 1357.150 -Rule Change Requirements Are Effective January 1, 2004
- 1358 - Interest Included and Restrictions On Transfer of Common Area.
- 1359 -Common Areas in Condominium
- 1360 - Modifications Of Unit By Owner; Facilitation Of Access For Hadicapped; Association Approval.
- 1360.5 -Pet Ownership Cannot Be Prohibited
- 1361 -Rights or Easements in Common Areas
- 1361.5 - Denial Of Access To Owner's Separate Interest.
- 1362 -Ownership of Common Areas
- 1363 - General Powers And Duties Of Association; Meetings; Access To Records; Disciplinary Action.
- 1363.001 - On-line Education Course
- 1363.03 -Adoption of Rules; Election; Inspectors of Election; Procedures
- 1363.04 -Use of Funds for Campaign Purposes
- 1363.05 -Common Interest Development Open Meeting Act
- 1363.07 - Grant of Exclusive Use of Part of Common Area; When Vote Required.
- 1363.09 -Civil Action for Violation of Article Managing Agents.
- 1363.1 - Prospective Managing Agent Disclosure.
- 1363.2 - Managing Agent Duties; Disposition Of Association Funds.
- 1363.5 -Article of Incorporation-Disclosure Information
- 1363.6 -Information to Be Submitted By Association to Secretary of State
- 1363.810 -Application of Article
- 1363.820 -Development of Fair, Reasonable and Expeditious Procedures
- 1363.830 -Requirement for Procedure
- 1363.840 -Procedures Provided for Association Not Otherwise Providing its Own
- 1363.850 -Notice to Include Description of Process
- 1364 - Responsibility Of Maintenance of Common Interest Development; Access to Telephone Wiring.
- 1365 -Financial Documents
- 1365.1 - Distribution of Written Notice by Association Prior to Beginning of Fiscal Year.
- 1365.2 - Inspection of Records and Restrictions of Use.
- 1365.2.5 -Assessment and Reserve Funding Disclosure Summary Form.
- 1365.3 - Association Report Required To Meet Standards Of Corp. Code § 5012
- 1365.5 - Board Of Directors; Duties; Reserve Accounts.
- 1365.6 - Application Of Corp. Code § 310.
- 1365.7 - Liability Of Volunteer Officer Or Director; Criteria; Limitations.
- 1365.9 - Liability For Common Areas; Action Against Association; Insurance Requirements.
- 1366 -Regular and Special Assessments.
- 1366.1 -Prohibition Against Excessive Assessments or Fees.
- 1366.2 -Collection of Assessments; Recording Of Identifying Statement.
- 1367 -Lien for Assessments; Enforcement.
- 1367.1 -Lien For Delinquent Assessment Recorded After January 1, 2003.
- 1367.4 - Limitations on Collection of Delinquent Assessments.
- 1367.5 -Reversal and Release of Lien Recorded in Error; Costs.
- 1367.6 Payment of Assessments Under Protest; Small Claims Option.
- 1368 -Documents to Be Provided to Prospective Purchaser.
- 1368.1 -Unreasonable Restrictions on Marketability or Property Void.
- 1368.3 -Standing of Association in Specific Matters.
- 1368.4 -Recovery of Damages.
- 1368.5 -Civil Action by Association-Notice Prior to Filing.
- 1369 -Lien For Labor And Materials.
- 1369.510 -Definitions.
- 1369.520 -ADR Required Prior To Filing An Enforcement Action.
- 1369.530 -Service of Request for Resolution; Contents of Request.
- 1369.540 -Completion of Resolution Process Within 90 Days.
- 1369.550 -Tolling of Time Limitation.
- 1369.560 -Filing Certification Of Compliance.
- 1369.570 - Stipulations For ADR After Lawsuit.
- 1369.580 - Determination of Fees and Costs.
- 1369.590 - Annual Summary to Be Provided.
- 1370 - Construction of Deed, Declaration or Condominium Plan; Severability.
- 1371 - Presumption Reguarding Boundaries of Condominium Units.
- 1372 - Construction of Local Zoning Ordinances.
- 1373 - Provisions Inapplicable to Industrial Developments; Legislative Findings.
- 1374 - Inapplicability of Title to Development Without Common Areas.
- 1375 - Construction Defect Litigation; Prefiling; Dispute Rsolution Prcess.
- 1375.05 - Contruction Defect Litigation; Complaint; Inspection; Expert Witnesses.
- 1375.1 -Disclosure To Association Members Of Settlement Agreement Regarding Defects.
- 1376 - Installation Of Video And Television Antenna.
- 1378 - Required Architectural Review Procedures; Exemptions.
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Disclosure/Civil Code Compliance
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