By Donie Vanitzian, JD
Question: Even though our homeowner association has never had a problem with architectural guidelines or rules, board directors informed owners by letter that they’re being amended. The rewritten document speaks to “modifications, additions or improvements” but fails to define or explain those terms. It also includes this new language that I believe is exculpatory to the association:
“Each homeowner and his/her authorized agent, if any, who submits requests or plans to the board of directors for approval, agrees by reason of such submittal that no action or suit of any kind will be taken against the homeowner association, board of directors, any members or their designated representative to recover any damages.”
Can the board use a guidelines or rules agreement to prevent owners from suing?
Answer: Justices in the case of Villa Milano Homeowners Assn. vs. Il Davorge made it clear that besides an absence…
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