Real Estate Law
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No under California law they have a duty to act in the best interest of the homeowners not in their own self interest and it is a fiduciary duty of theirs. If they breach it, it is not covered by the insurance and they will be personally liabl for any decline in value and you can sue under Calfornia law.
Good luck to you. Please rate 4 or 5 and close out the question I wish you all the best.
I may have missed a detail.
The board president fronts a property that is being leased (99 year lease)
by the plaintiff , that wants to develop a small lot as a clamping site (luxury camping). Proposed , but the board president objects to the development because of the possible noise.( there are 6 homes that would be effected out of 70 homes in the HOA)
With a 99 year lease , doesn't that convey ownership rights to the plaintiff. Does the law allow the plaintiff to do as he pleases as long as the property is zoned for it and he gets the approval of the city planning dept?
Can you kindly answer my follow up question, Thanks!