REASONABLE RULES

Rules must be reasonable to be enforceable. Civil Code §1354(a) In particular, rules must meet the following test:

  1. They must relate to a legitimate objective of the association;

  2. They must not violate a fundamental public policy (such as discrimination on the basis of sex, race, religion, age, etc.);

  3. They must not be enforced in an arbitrary and discriminatory manner; and

  4. The burdens on the use of the affected property cannot substantially outweigh the restriction's benefits.

See Nahrstedt v. Lakeside Village and Liebler v. Point Loma Tennis Club

Updated 4/27/2008

 
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