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Case Law - Fiduciary Duties

Castaneda v. Olsher

(2007) 41 Cal.4th 1205 The owner of a mobile home park may have a duty to protect park residents from potential gang-related violence where the park has a history of violent gang activity.

Frances T.  v. Village Green Owners Association

(1986) 42 Cal.3d 490 The California Supreme Court held that a condominium association may be held to a landlord's standard of care as to common areas under its control, in a case brought by a unit owner who was raped in the unlit common area of the association after she had been instructed to remove the lights she installed because the association had not.

Cohen v. Kite Hill Community Association

(1983) 142 Cal.App.3d 642 An association must exercise its authority to approve or disapprove architectural modifications in a manner consistent with the CC&Rs.  The association cannot grant approvals prohibited by the CC&Rs

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