Duty to Enforce. Associations can be held liable for their failure to enforce the CC&Rs. Owners may sue the association for damages and an injunction to compel the association to enforce its documents. Posey v. Leavitt. Boards can enforce restrictions through levying fines, suspension of privileges or filing a lawsuit for injunctive relief.

Standing. Associations have standing to initiate legal action, and to defend, settle, or intervene in litigation, arbitration, mediation, or administrative proceedings on behalf of the membership (Civil Code §1368.3, Duffey v. Superior Court) in matters that include but are not limited to the following:

• enforcement of the governing documents;

• damage to the common areas;

• damage to the separate interests which the association is obligated to maintain or repair; and

• damage to a separate interest that arises out of, or is integrally related to, damage to the common area or a separate interest that the association is obligated to maintain or repair.

• construction defects (Windham v. Superior Court)

In Association's Name. A civil action can only be maintained by a legal entity. (Oliver v. Swiss Club Tell (1963) 222 Cal.App.2d 528, 537.) Accordingly, any lawsuit brought by a board of directors must be brought in the name of the association, not the board of directors. An association is a legal entity that acts through its board of directors. However, a board is not a legal entity that is capable of bringing suit in the board's name. (Irish Beach Clusterhomes Assn. Board of Governors v. Farrell 2009 WL 133042; an unpublished decision). Also, boards should be aware that even though corporations can bring and defend against lawsuits, suspended corporations cannot.

Discretion to Sue. Boards have discretion when it comes to the decision to litigate to enforce governing documents. Boards can weigh the cost of litigation, the gravity of the violation, and the likely outcome of the litigation, and make a good faith determination to litigate or not to litigate a particular violation. Beehan v. Lido Isle.

Owner Enforcement. Individual owners may also bring legal action against persons who violate the CC&Rs. Civil Code §1354(a).

Renters & Prior Owners. Neither renters nor prior owners have standing to bring an action to enforce the CC&Rs.