THE GLEN OF PACIFIC GROVE HOMEOWNERS ASSOCIATION
Auburn Woods (2004) reasonable accomodation.
Salawy v. Ocean Towers (2004) Civil Code section 1354(f) attorney fees only if the associaiton is enforcing the governing documents of a common interest development.
Rancho Santa Fe Association (2004) reasonableness of a restrictive covenant is measured by looking at the goals and concerns of the entire development, not from the perspective of the individual homeowner.
CABRINI VILLAS HOMEOWNERS ASSOCIATION (2003) Condo owner who installed a room air-conditioning unit she installed in an exterior wall of her condominium without prior approval from plaintiff and respondent Cabrini Villas Homeowners Association (the association or respondent). Appellant contends:
NORDHOFF TOWNHOMES HOMEOWNERS ASSOCIATION (2003) HOA had no duty to notify its members of the filing of litigation against an insurance company. Filing the action against the insurer was within the scope of the association's authority. The association's covenants, conditions, and restrictions and statutes did not obligate the association to give notice to the members of the filing of the lawsuit. Whether and when to give any further notice was within the discretion of the association's board of directors.
Kaplan (2002) homeowners association entitled to attorney fees where individual homeowner sued the association to challenge the validity of an election of the board of directors and the court found the election valid.
LAGUNA SUR VILLAS COMMUNITY ASSOCIATION (2000) homeowners' association employing counsel is not required to disclose privileged information to individual homeowners.
Villa Romano HOA (2000) A homeowners' association owed a duty to warn of the dangerous condition of a sidewalk or repair it where the association was the landowner and party in possession and control of the sidewalk, had planted all of the trees which caused the sidewalk to be uplifted, and had known for two years of the condition of the sidewalk.
Damon (2000) property manager's defamation lawsuit against homeowners' association is dismissed because the alleged defamatory statements were made during board meetings concerning issues of interest to the membership.
Interactive Multimedia (1998) no right to jury trial in an action for breach of fiduciary duty.
Fountain Valley Chateau Blanc (1998) Homeowners' Association did not act reasonably when housing code and fire inspectors found no hazardous conditions on the property, it ordered a unit owner to clear his bed of all paper and books, remove paper, cardboard boxes and books from the floor area around his bed and dresser, remove all boxes and papers not currently in use in the living room and dining room because they increased the risk of fire, clear all objects, including cardboard boxes, from his interior stairs and stairwells to allow passage, not use his downstairs bathroom for storage, maintain a functioning electrical light in his downstairs bathroom, and suggested he donate clothes not worn in the last 5 years.
Beverlywood Homes Association (1997) no legal authority allows a homeowners association to record in a county's land title records, a document asserting that a homeowner is in violation of the association's CC&Rs.
Butte Home Health (1997) a residential facility for the elderly which serves six or fewer persons is considered by law to be a residential use of property and a use of property by a single family, notwithstanding any restrictive covenant to the contrary.
Padgett (1997) realtor has no duty to ask the homeowners' association if the property has construction defects or if litigation is pending or proposed concerning those defects.
PASEO DEL MAR HOMEOWNERS' ASSOCIATION (1996) homeowners association has no duty to tell a prospective purchaser about construction defects or the existence of a civil action against the developer to repair the defects.
BENEDICT HILLS ESTATES ASSOCIATION (1996) time limits for filing breach of covenants running with the land.
MARIE ANTOINETTE CONDOMINIUM OWNERS ASSOCIATION (1993) the exculpatory clause contained in the covenants, conditions and restrictions governing the relationship between defendant condominium association and plaintiff owner, absolved defendant, in the absence of negligence, of liability for water damage caused to plaintiff's home due to problems with the central plumbing
Posey (1991) A homeowner can sue the association for damages and an injunction to compel the association to enforce the provisions of the declaration. More importantly, a homeowner can sue directly to enforce the declaration. The typical declaration provides that the association or any owner has the right to enforce the declaration by any proceeding at law or in equity. Ordinarily the association would enforce the declaration. However, in the event of that body's failure or inability to act because of divergence of opinion among the members, any one of the unit/lot owners may take legal action to enforce the restrictions against what he considers to be a violation by one or more other unit/lot owners.
Ironwood (1986) When a homeowners' association seeks to enforce the provisions of its CCRs to compel an act by one of its member owners, it is incumbent upon it to show that it has followed its own standards and procedures prior to pursuing such a remedy, that those procedures were fair and reasonable, and that its substantive decision was made in good faith, and is reasonable, not arbitrary or capricious. The criteria for testing the reasonableness of an exercise of such a power by an owners' association are (1) whether the reason for withholding approval is rationally related to the protection, preservation or proper operation of the property and the purposes of the Association as set forth in its governing instruments and (2) whether the power was exercised in a fair and nondiscriminatory manner.