Lamden v. La Jolla Shores Clubdominium Homeowners Association

In Lamden v. La Jolla Shores Clubdominium Homeowners Association (1999) 21 Cal.4th 249, the court upheld an association board's discretionary, economic decision to spot treat (rather than fumigate) a termite infestation problem. "Where a duly constituted community association board, upon reasonable investigation, in good faith and with regard for the best interests of the community association and its members, exercise discretion within the scope of its authority under relevant statutes, covenants and restrictions to select among means for discharging an obligation to maintain and repair a development's common areas, courts should defer to the board's authority and presumed expertise. Thus, we adopt today for California courts a rule of judicial deference to community association board decisionmaking that applies, regardless of an association's corporate status, when owners in common interest developments seek to litigate ordinary maintenance decisions entrusted to the discretion of their association's board of directors." (Lamden, supra, 21 Cal.4th at p. 253.)