The Petersons purchased a home in the Bridgeport Community Association. They allowed the Martins (their daughter and son-in-law) to live in the house, in exchange for the Martins’ agreement to pay all costs involved with the property. The Petersons also executed a power of attorney/assignment which authorized the Martins to handle all property-related matters. After a dispute arose concerning the property line between the Peterson lot and the adjacent common area, the Martins filed a lawsuit against the Association for breach of the CC&Rs and violation of the Davis-Stirling Act.

Arguments. The Association argued that the claims should be dismissed since the Martins, as tenants/occupants of the house, were neither owners of the property nor members of the Association. The Martins contended that they could legally enforce these claims as occupants of the property, pointing to the CC&R provisions requiring that all tenants/occupants be given copies of and abide by the governing documents.

Decision. In the case of Martin v. Bridgeport Community Association, the California Court of Appeal ruled in favor of the Association.

Reasoning. As property occupants, the Martins were obligated to comply with the Association’s governing documents. However, a person who merely resides on a lot as an occupant “is different from being an owner of a separate interest who, by virtue of his ownership, is also [an association] member.” Accordingly, the Petersons’ right to enforce the governing documents and the Davis-Stirling Act was “inextricable” from their ownership of the lot, and they could not assign these enforcement rights to non-owners without also transferring ownership of the property.

COMMENT: The nature and scope of a tenant’s rights within a community association depends upon the particular matter at issue. For example, tenants have no right to vote in association elections either in person or by proxy, nor do they have the right to attend and speak at board meetings (only members have these rights). On the other hand, tenants do have the right to use the common areas and to have access to the units they occupy.