Arbitrary & Capricious
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ARBITRARY & CAPRICIOUS

When an association seeks to enforce its CC&Rs to compel an act by one of its owners, the association must show that (i) it followed its own standards and procedures prior to pursuing such a remedy, (ii) those procedures were fair and reasonable, (iii) its substantive decision was made in good faith and was reasonable, not arbitrary or capricious.

Nor will courts enforce as equitable servitudes those restrictions that are arbitrary, that is, bearing no rational relationship to the protection, preservation, operation or purpose of the affected land. (Laguna Royale v. Darger.)

...restrictions should be enforced unless they are wholly arbitrary, violate a fundamental public policy, or impose a burden on the use of affected land that far outweighs any benefit. (Nahrstedt v. Lakeside Village.)

...enforcement of the restriction must be in good faith, not arbitrary or capricious, and by procedures which are fair and uniformly applied. (Nahrstedt v. Lakeside Village.)

 ...when an association determines that a unit owner has violated a use restriction, the association must do so in good faith, not in an arbitrary or capricious manner, and its enforcement procedures must be fair and applied uniformly. (Ironwood v. Solomon.)

Enforcement of the restriction must be in good faith, not arbitrary or capricious, and by procedures which are fair and uniformly applied. The framework of reference, as the court made clear, is not the  reasonableness specific to the objecting homeowner, but reasonableness as to the common interest development as a whole. (Liebler v. Point Loma.)

Arbitrary: a decision based on random choice or personal whim. "Willful and unreasoning action, without consideration and regard for facts and circumstances presented . . . bad faith or failure to exercise honest judgment." -Black's Law Dictionary

Capricious: subject to whim; impulsive and unpredictable.

Arbitrary and Capricious: "A willful and unreasonable action without consideration or in disregard of facts or law or without determining principle." -Black's Law Dictionary

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