Adams Stirling PLC


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 responsible, not arbitrary or capricious. (Ironwood v. Solomon; Liebler v. Point Loma; Rancho Santa Fe v. Dolan-King.)

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
A restriction is arbitrary when it bears no rational relationship to the protection, preservation, operation or purpose of the affected land. (Nahrstedt v. Lakeside Village.)

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

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.)

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Adams Stirling PLC