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Josh Mendelsohn

             
            Josh Mendelsohn, Esq.
            ADAMS | STIRLING PLC


The index on the left lists cases affecting community associations in California. For those with touch screens, use a short tap for a summary of the case and a double tap to view the case.

Below are cases listed by category. (NOTE: The list is not exhaustive and some rulings have been revised by subsequent cases. Attorneys should check the current status of cases before citing or otherwise relying on information posted on our website.) Search: Use "CTRL-F" on your keyboard to search for words on this page.

AMENDMENTS & RESTATEMENTS (see GOVERNING DOCUMENTS)
Battram v. Emerald Bay (1984). If annulment uses lower approval, CC&Rs may be amended using lower %.
Costa Serena Owners v. Costa Serena ARC (2009). 4-year SOL for procedural challenges to amendments.
Doo v. Packwood (1968). An illegal restriction will not be enforced as a servitude.
Fourth La Costa v. Seith (2008). 4275 petition: lender approval, reasonableness & ballot solicitation.
Greenback Townhomes v. Rizan (1985). Assn is the proper party to file a 7515 petition.
Mission Shores v. Pheil (2008). CC&R amendment banning short-term rentals is reasonable.
Ocean Windows OA v. Anna Spataro (2017) unpublished. A 30-day minimum for rentals is reasonable.
Peak Investments v. South Peak HOA (2006). Approval by majority of members, not majority of who voted.
Quail Lakes v. Kozina (2012). Owner has no standing to pursue due process claims of other owners re petition.
Taormina Theosophical v. Silver (1983). A void document derives no validity from the mere fact it is recorded.

ARCHITECTURAL ISSUES (see ARCHITECTURAL MENU)
B.C.E. Dev. v. Smith (1989). Developer has standing to enforce CC&Rs after selling all units if CC&Rs so provide.
Bear Creek v. Ferwerda (2011). ARC can adopt guidelines but cannot mandate attys' fees if CC&Rs are silent.
Clark v. Rancho Santa Fe (1989). Assn may apply subjective and objective criteria to ARC decisions.
Clear Lake Riviera v. Cramer (2010). Order to reduce height of house; circumstantial evid of ARC guidelines.
Cohen v. Kite Hill (1983). ARCs owe fiduciary duty to act in good faith & not arbitrarily.
Dolan-King v. Rancho Santa Fe (2000). ARCs can use both objective and subjective criteria in decisions.
Ekstrom v. Marquesa (2009). Cannot adopt standards that contradict the CC&Rs (palm trees view).
In the Matter of Philip Wojcikiewizc (2007). Antenna allowed on roof despite HOA maintenance of roof.
Ironwood v. Solomon (1986). Assn must follow its procedures in reviewing architectural applications.
Morgan v. Veach (1943). Order to move house when owner knowingly violated setbacks.
Mullaly v. Ojai Hotel Co. (1968). Even if zoning permits activities, more restrictive CC&Rs control.
Pacifica HOA v. Wesley Palms (1986). The courts will not imply a view restriction.
Posey v. Leavitt (1991). Absent CC&R provision, members have no right to air, light or an unobstructed view.
Rancho Santa Fe v. Dolan-King (2004). Assns may enact rules to clarify and define terms in the CC&Rs.
Riley v. Bear Creek (1976). CC&Rs are created only by recorded deeds.
Ryland Mews v. Munoz (2015). Court ordered rugs over 80% of hardwood floors.
Savoy v. Zhang (2012) unpublished. Hardwood floors allowed for medical reasons.
Seligman v. Tucker (1970). "Unreasonably obstruct" is not too vague to be enforceable.
Telford v. Sagewood HOA (2011) unpublished. Board approved remodel but failed to monitor it.
Tesoro del Valle v. Griffen (2011). Aesthetic considerations for solar panels basis for denial of ARC appl.
Ticor Title v. Rancho Santa Fe (1986). Assns cannot require setbacks that conflict with CC&Rs.
Ward v. Superior Court (1997). Recording a notice of violation is not supported by statute.
White v. Dorfman (1981). Interpretation of CC&Rs re view blockage.
Woodridge Escondido v. Nielsen (2005). ARC cannot approve violations of CC&Rs (deck in easement).

ASSESSMENTS (see ASSESSMENTS MENU)
Anthony v. Brea Glenbrook (1976). Membership in an assn. is enforceable as a covenant running with the land.
Bear Creek Master v. Edwards (2005). Owner required to pay assessments on units not yet constructed.
Bodily v. Parkmont Village Green (1980). Board cannot eliminate developer's obligation to pay assessments.
Cebular v. Cooper Arms HOA (2006). Unequal assessments reasonable when tied to proportionate voting rights.
Finley v. Superior Court (2000). Board can use dues to oppose political measure (converting Marine air station to airport).
Foothills Townhome v. Christiansen (1998). Special assess was within amount needed to defray costs for which it was levied.
Mountain Home Properties v. Pine Mountain Lake (1982). Buyer is not liable for unpaid assessments of predecessors in interest.
O'Toole v. Kingsbury Court (2005). Court ordered emergency special assessment to pay judgment & receiver to carry out order.
Park Place Estates v. Naber (1994). Member cannot refuse to pay assessments because of a grievance.

ASSESSMENT COLLECTION (see COLLECTION MENU)
Barry v. OC Residential Properties (2011). Redemption price for unit includes cost of repairs by assn.
Cerro de Alcala HOA v. Burns (1985). Assessments are personal debt of owner not relieved by abandoning property.
Diamond v. Superior Court (2013). Failure to comply with statute re delinquent assessments invalidates lien.
Diamond Heights v. Financial Freedom (2011). Failure to record abstract of judgment caused assn to lose priority on lien.
Fidelity Mortgage v. Ridgegate East (1994). Trustee acting at direction of assn is entitled to indemnification.
Foothills Townhome v. Christiansen (1998). Special assessment was amount necessary to defray costs for which it was levied.
Hanson v. JQD dba Pro Solutions (2014). Violates DSA & FDCPA for collection agency to collect fees, interest & charges not charged to assn.
Huntington Continental v. Miner (2014). Assns must accept partial payments from delinquent homeowners.
In re Slyman (2000). Delinquent assessments are dischargeable in bankruptcy.
Mashiri v. Epsten Grinnell & Howell (2017). Owner must be given 30 days from receipt of letter to dispute debt.
MTC Financial v. Nationstar Mortgage (2018). Apparent intent of the parties determines priority of simultaneous liens.
Multani v. Witkin & Neal (2013). Must give foreclosed owners notice of right of redemption - CCP 729.035.
Seabrook v. Pelzer (1987). Assns must follow their CC&Rs when determining amount of annual assessment.
Thaler v. Household Finance (2000). Priority of assessment liens over other recorded documents.
Thies v. Law Offices of William Wyman (1997). FDCPA applies to delinquent assessments.
Wilton v. Mountain Wood (1993). Litigation privilege applies to assn's recording of assessment liens.

ATTORNEY'S FEES (see COMMENTARY)
Almanor Lakeside Villas v. Carson (2016). Prevailing party pursuant to Civil Code 5975 when parties reach net positive effect under trial court ruling.
Arias v. Katella Townhouse (2005). Voluntary payments by assn added to judgment to determine prevailing party.
Artus v. Gramercy Towers (2018). Losing party who had earlier success obtaining a preliminary injunction is not the prevailing party.
Bear Creek Planning v. Ferwerda (2011). ARC cannot mandate atty fees if CC&Rs are silent.
Blue Lagoon v. Mitchell (1997). Petition to amend CC&Rs is not an adversary proceeding so no award of atty fees.
Cebular v. Cooper Arms HOA (2006). Adversarial action re enforceability of governing documents is “enforcement” action for purpose of atty fees.
Chapala Mgmnt v. Stanton (2010). Atty fees stayed pending appeal on grounds atty fees are a routine or incidental item of costs.
Deane Gardenhome v. Denktas (1993). Court may not refuse to award atty fees to clearly prevailing party.
Farber v. Bay View Terrace (2006). Non-owners lack standing to enforce gov docs; atty fee statute still applicable.
Grossman v. Park Fort Washington Assn. (2012). Pre-litigation ADR attorney fees are recoverable by prevailing party.
Heather Farms HOA v. Robinson (1994). Voluntary mutual dismissals as part of a global settlement does not create a prevailing party.
Irish Beach v. Farrell (2009) unpublished. Because plaintiffs were not legal entities, they could not be made to pay attorney fees.
Kaplan v. Fairway Oaks (2002). Award of atty fees in election challenge per bylaws treated same as CC&Rs.
Lewow v. Surfside III (2012). Late motion for atty fees excusable upon good faith belief that bankruptcy extended time limit.
Moran v. Oso Valley Greenbelt (2001). Atty fees and costs related to failure to produce minutes.
Moran v. Oso Valley Greenbelt (2004). Atty fee award even though assn produced records.
Mount Olympus v. Shpirt (1997). Davis-Stirling atty fee provision does not apply to non-Davis-Stirling assns.
Nellie Gail Ranch v. McMullin (2016). No adverse possession over common area.
Parrott v. Mooring Townhomes Assn. (2003). Courts may determine prevailing party for atty fees even after case has been dismissed.
Rancho Mirage v. Hazelbaker (2016). Judicial enforcement of pre-litigation ADR is an action to enforce gov docs under Civ. Code 5975
Retzloff v. Moulton Parkway Assn (2017). HOA not entitled to atty fees under Civ Code 5235(c) - producing assn records.
Reynolds v. Auburn County Villa (2014) unpublishedAtty fees award based on privilege redacted fee summary upheld.
Salawy v. Ocean Towers (2004). Enforcement action narrowly construed for awarding atty fees.
Salehi v Surfside III (2011). Assn is prevailing party on multiple casues of action dismissed by plaintiff on eve of trial.
That v. Alders (2012). "Costs" under §5145(b) do not include atty fees.
Tract 19051 HOA v. Kemp (2015). A non-CID development may recover attorney fees under DS Act.
Woodland Hills v. City Council (1979). Atty fees under private AG doctrine applies to city's improper action under Subdivision Map Act.

BOARD AUTHORITY AND DISCRETION (see DEFINITION)
Affan v. Portofino Cove (2010). Lamden does not apply to board that does not investigate cause of sewer backups.
Beehan v. Lido Isle (1977). Before entering litigation, board can weigh advantages & disadvantages of probable outcome against cost, time, & disruption.
Calemine v. Jared Court (2009) unpublished. Assn entitled to deference when, after prior repairs & lawsuits, it takes no further action re water leaks.
Cathedral Hill Tower v. Garbar (2012) unpublished. Lamden standards applied to uphold Board decision to disallow balcony tiles over waterproofing.
Clark v. Rancho Santa Fe (1989). Assn may apply subjective and objective criteria to architectural decisions when so empowered by gov docs.
Ekstrom v. Marquesa (2009). Boards do not have discretion to ignore clear restrictions.
Eldridge v. Tymshare, Inc. (1986). Business judgment rule presumes director decisions are based on sound business judgment.
Franklin v. Marie Antoinette (1993). Exculpatory clause upheld as not violating public policy.
Harvey v. Landing HOA (2008). Board decision to allow owners to use common area attic.
Lamden v. La Jolla Shores (1999). Business judgment rule applies to decisions made by boards.
Lingenbrink v. Del Rayo Estates (2017) unpublishedJudicial deference does not apply to improper construction of the governing documents.
Palm Spring Villas II v. Parth (2016). Directors who fail to conduct due diligence lose protection of the Business Judgment Rule.
Spitser v. Kentwood Home Guardians (1972). Assn not authorized or required nor may charge owners the cost to abate nuisance from airplanes.

BOARD MEETINGS (see MEETING MENU)
Castaic Lake v. Newhall (2015). Substantial compliance with notice requirement sufficient, unless statute calls for strict compliance.
Hamilton v. Los Gatos (1989). Council member may be denied copy of tape recording of council meeting due to conflict of interest.
Lee v. Silviera (2016). Director's vote at a board meeting is a protected activity under section (e)(3) of the anti-SLAPP statute.
Seahaus La Jolla v. Superior Court (2014). Litigation meetings held by assn’s atty with homeowners protected by attorney-client privilege.
SB Liberty v. Isla Verde (2013). Atty of member may be excluded from board meetings.

CC&R ENFORCEMENT (see ENFORCEMENT MENU)
Alfaro v. Community Housing (2009). A restriction that requires properties remain affordable to low income buyers is enforceable.
Barrett v. Dawson (1998). In-home day care allowed to operate in HOA.
Bernardo Villas Mgmt. v. Black (1987). CC&Rs' ban of pickup trucks found unreasonable.
Biagini v. Hyde (1970). No physical damage or financial harm need be shown in a CC&R enforcement action.
Broadmoor San Clemente v. Nelson (1995). Assn cannot prohibit elderly care facility.
Cathedral Hill Tower v. Garber (2012) unpublished. Lamden standards applied to uphold Board decision to disallow balcony tiles over waterproofing.
Citizens for Covenant Compliance v. Anderson (1995). CC&Rs recorded before any parcels are sold are enforceable against all later purchasers.
Cohen v. Kite Hill (1983). Owners can sue the assn for damages & an injunction to compel enforcement of the CC&Rs.
Duffey v. Superior Court (1992). Owner suing for declaratory relief re enforcement of CC&Rs may not include other owners in the suit.
Fountain Valley v. Dept. of VA (1998). Assn can't order owner to remove clutter from unit.
Franklin v. Marie Antoinette (1993). Exculpatory clause upheld as not violating public policy.
Gray v. McCormick (2008). Owner of lot, over part of which adjacent owner has exclusive access easement, may not use easement area in any way.
Haley v. Casa Del Rey HOA (2007). Amendment of CC&Rs extending patios into common area reasonable.
Hall v. Butte Home Health (1997). Group home for disabled allowed to operate in HOA.
Hannula v. Hacienda Homes (1949). Restrictions on the use of land will not be read into a restrictive covenant by implication.
Harvey v. Landing HOA (2008). Board decision to allow owners to use common area attic.
Ironwood v. Solomon (1986). Associations must follow their internal procedures before seeking relief in court.
Lewis Operating v. Superior Court (2011). Landlord can require waiver of liability in a tenant-only health club or exercise facility.
Mullaly v. Ojai Hotel Co. (1968). Although zoning regulations may permit certain activities, more restrictive CC&Rs will control.
Nahrstedt v. Lakeside Village (1994). CC&Rs presumed reasonable unless violate public policy, are arbitrary, or the burdens outweigh the benefits.
Pinnacle Museum Tower v. Pinnacle Market Dev'l (2012). Upheld binding arbitration provision in original CC&Rs.
Rancho Mirage v. Hazelbaker (2016). Judicial enforcement of pre-litigation ADR is an action to enforce governing documents under Civil Code 5975
Riley v. Bear Creek (1976). CC&Rs are created only by a recorded deed.
Taormina Theosophical v. Silver (1983). A void document derives no validity from the mere fact that it is recorded.
Villa De Las Palmas v. Terifaj (2004). Later enacted CC&R amendments are enforceable against prior owners.
Villas in Whispering Palms v. Tempkin (2015) unpublished. Associations can reestablish restrictions where previously there had been lax enforcement.
Ward v. Superior Court (1997). Recording a notice of violation is not supported by statute.

CORPORATE SUSPENSION (see SUSPENSION)
Palm Valley v. Design MTC (2001). A suspended corporation cannot engage in litigation.
Peacock Hill v. Peacock Lagoon (1972). Decisions made and actions taken during suspension are ratified by reinstatement.
Timberline, Inc. v. Jaisinghani (1997).  Suspended corp is disqualified from exercising any right, power, or privilege, including prosecuting or defending actions.

DISABILITY AND DISCRIMINATION (see DISCRIMINATION MENU)
Auburn Woods I v. FEHC (2004). A no-dog association must allow therapy dogs as a reasonable accommodation.
Balvage v. Ryderwood (2011). Prior failure to comply with age-verification requirements does not disqualify assn from HOPA's protections.
Bliler v. Covenant Control (1988). Summary judgments reversed. Material facts existed as to whether assn was a senior community.
Carolyn v. Orange Park (2009). ADA not applicable to restricted equestrian trails in common area of owners association.
Coronado v. Cobblestone (2009). Rental office open to public is subject to ADA but not remainder of private residential complex.
Geraci v. Union Square (2018). Alleged disabilities are subject to investigation & boards can disclose litigation details to the membership.
Huntington Landmark v. Ross (1989). Once a senior community is established, age restrictions are legally enforceable.
Jankey v. Twentieth Century Fox (1998). A private club is not subject to ADA because it is occasionally used by the public.
Koebke v. Bernardo Heights (2005). Registered domestic partners treated same as spouses under Unruh Civil Rights Act.
Landesman v. The Keys (2004) unpublished. Restricting children from lap pool is discriminatory.
Llanos v. Estate of Anthony Coehlo (1998). Assns cannot prohibit children from pools, establish adults-only pools, or establish adults-only times.
Lobel v. Woodland Golf Club (2017). Private golf club not subject to ADA.
Nelson v. Avondale (2009). Assn can prohibit business in residence.
O'Connor v. Village Green (1983). Private condominium association is a "business establishment" covered by the Unruh Act.
Pappion v. R-Ranch POA (2015). Assn not subject to ADA because it used a portion of its offices to sell shares in the ranch.
Ritchey v. Villa Nueva (1978). Amendment restricting leasing to 18-year olds and older is reasonable and retroactively enforceable.
Sabal Palm v. Fischer (2014). Cannot request documentation when disability is obvious.
Scoggins v. Lee's Crossing (2013). Assn allowed to deny request for ATV for safety reasons.
Shapiro v. Cadman Towers (1995). Required to provide a parking space near front door.
So. Cal. Housing. v. Los Feliz (2005). Assn must provide more accessible parking space.
Sunrise Country Club. v. Proud (1987). Okay to restrict children from certain pools for safety reasons when restriction is not total exclusion.
United States v. Plaza Mobile Estates (2003). Unreasonable to require adult supervision for children under 18.
Walnut Creek Manor v. FEHC (1991). Emotional distress damages violates state constitution’s judicial powers clause.

DISCLOSURE OBLIGATIONS (see DISCLOSURE CHECKLIST)
Kovich v. Paseo Del Mar (1996). No duty to disclose existence of CD lawsuit to purchasers.
Ostayan v. Nordhoff (2003). Assn not required to provide members notice of litigation.
Seahous v. Sup. Ct. (2014). Litigation update to members in meetings by HOA counsel is protected by attorney-client privilege.
Smith v. Laguna Sur (2000). Board is holder of attorney-client privilege.

DUE PROCESS (see DEFINITION)
Applebaum v. Board of Directors (1980). Must provide notice of alleged violation and opportunity for the accused to be heard and defend.
Carson v. Glass Bottle Blowers (1951). Notice, hearing and a fair trial are fundamental.
Ironwood v. Solomon (1986). Decisions must be reasonable and not arbitrary or capricious and follow assn's internal procedures.
Kurz v. Federation of Petanque (2006). Private organizations cannot expel a member in a manner that is procedurally unfair.

ELECTIONS (see ELECTION MENU)
Bel Air Ridge v. Rosenberg (2015) unpublished. Repeated extension of the voting deadline is acceptable.
Chantiles v. Lake Forest II (1995). Directors do not have an absolute right to inspect all records, including how members vote.
Clark v. McCann (2015). To ratify eligibility to vote, owners must provide a valid unit address on the outer envelope.
DiQuisto v. County of Santa Clara (2010). Boards allowed to distribute information about ballot measures.
Fourth La Costa v. Seith (2008). Lender approval, reasonableness of amendments, and effort to solicit ballots re 4275 petition.
Friars Village v. Hansing (2013). Election rules may add candidate qualifications not in gov  docs, provided not inconsistent with gov  docs.
La Jolla Mesa v. La Jolla Mesa Vista (1992). An owner's written consent to extend the CC&Rs is irrevocable.
Lake Arrowhead Timeshare v. Lake Arrowhead Chalet (1996). Amendment which disadvantages one class of voters must be approved by each class.
Mayo v. Interment Properties (1942). Vacancy created by resignation may be filled by approval of a majority of a quorum of the board.
PV Little Italy v. Metrowork (2012). Class B voting rights were assignable and separate from ownership interests.
Samii v. La Villa Grande (2009) unpublished. Failure to hold annual meeting resulted in a court ordered election.
Wittenburg v. Beachwalk (2013). Advocacy by board using assn media requires equal access by members.

FEES AND CHARGES (see FEES MENU)
Barry v. OC Residential (2011). Redemption price for unit includes cost of repairs by assn.
Berryman v. Merit (2007). Civ. Code §4575 applies only to charges by an assn and not by 3rd-party vendors.
Brown v. PCM (2005). Mgmt companies not subject to limitations of 5600(b) re fees and charges.
Dey v. Continental (2009). Fees charged mgmt co are controlled by market forces, not Civ. Code §5600(b), and can be passed to owners.
Fowler v. M&C (2013). Transfer fee under Civil Code 4575 excluded from §1098, even when collected by property manager.
Marina Pacifica v. S. Calif. Financial (2014). Transfer fees for assignment of ground lease to assn permissible despite statutes prohibiting same.
Watts v. Oak Shores (2015). Units used for short term renters can be assessed fees necessary to defray the costs of the increased use.

FIDUCIARY DUTIES (see FIDUCIARY DUTIES)
Burt v. Irvine (1965). Directors who actively participated in transaction liable for fraud or mistake; others alleged to have acted "in concert" were merely negligent.
Cohen v. Kite Hill (1983). ARCs owe fiduciary duty to act in good faith & not arbitrarily.
Frances T. v. Village Green (1986). A good faith mistake in business judgment does not breach fiduciary duties.
Raven's Cove v. Knuppe (1981). It is well settled that directors of nonprofit corporations are fiduciaries.

INSURANCE ISSUES (see INSURANCE MENU)
Adelman v. Associated Insurance (2001). Assn, not individual owners, have standing to sue insurance carrier for breach of policy.
Foothill Village v. Bishop (1999). Who gets proceeds of insurance (owners or lenders) when owners vote not to rebuild.
Larkspur Isle v. Farmers Ins. (1994). Insurance coverage triggers when the loss becomes apparent upon reasonable inspection.
Marina Green v. State Farm (1994). Carriers providing ins to owners must also offer earthquake coverage. Does not apply to assn.
Marquez Knolls v. Executive Risk (2007). Ins exclusion re design & construction does not apply to ARC approval of member application.
Oak Park Calabasas v. State Farm (2006). Assn refusal to pay contractor does not obligate carrier to defend lawsuit for breach of contract.
Palacin v. Allstate Ins. (2004). Owner has implied responsibility to insure items not covered by assn's master policy.
San Miguel v. State Farm (2013). Carrier not obligated to defend a lawsuit seeking only injunctive relief.
Villa Los Alamos v. State Farm (2011). Environmental pollution exclusion includes asbestos.

LEGAL STANDING (see DEFINITION)
Adelman v. Associated Insurance (2001). Carrier's duty runs to assn and assn, not individual owners, have standing to sue the carrier for breach of policy.
B.C.E. Development v. Smith (1989). Developer may continue to have standing to enforce CC&Rs after selling all units if CC&Rs so provide.
Committee to Save BHHA v. Beverly Highlands (2001). Davis Stirling Act does not apply to development with no common area.
Del Mar Beach Club v. Imperial (1981). Assn has standing as as owner of common areas and representative capacity for its members.
Farber v. Bay View Terrace (2006). Former owners lack standing to enforce governing documents.
Golden Rain v. Franz (2008). An assn is created for the purpose of managing a common interest development.
Irish Beach v. Farrell (2009) unpublished. A civil action can only be maintained by a legal entity.
Market Lofts v. 9th Street Market (2014). Assn has standing to sue as a representative of the individual homeowners.
Martin v. Bridgeport (2009). Non-owners do not have legal standing to sue assn for breach of gov docs.
Windham v. Sup. Ct. (2003). Assns can sue for damage to common areas, including breach of implied warranty.

LIABILITY ISSUES
Alpert v. Villa Romano (2000). Owner and possessor of property has duty to warn & protect pedestrians from allegedly dangerous conditions known to be present.
Burt v. Irvine (1965). Directors who actively participated in transaction liable for fraud or mistake; others alleged to have acted "in concert" were merely negligent.
Cadam v. Somerset (2011). 3/4 inch separation in walkway was trivial.
Castillo v. Cinnamon Tree (2017) unpublished. Assn not responsible for random criminal acts. Must be foreseeable.
Chee v. Amanda (2006). Assn not liable for dog bite injuries if not on notice of dog's dangerous propensities.
Cody v. Falletti (2001). Assn not liable for dog bite since condition of the easement had no connection to the injuries.
Cohen v. S&S Construction (1983). Developer who controls board is liable for failure to enforce CC&Rs. Exculpator clause is unenforceable.
Dilger v. Moyles (1997). Golfers assume a risk of getting hit by errant golf balls.
Frances T. v. Village Green (1986). Assn subject to same duties as landlord re foreseeable harm. Directors not vicariously liable for torts of the assn.
Girardi v. San Rafael (2012) unpublished. Assn owed no duty to protect owners' property from theft.
Heiman v. WCAB (2007). Assn and mgmt responsible for worker’s comp to injured employee of unlicensed and uninsured contractor.
Hellman v. La Cumbre (1992). Assn not liable for golf balls on lot when owner knew of the hazard when he bought.
Pamela W. v. Millsom (1994). Distinguished from Frances T, assn not liable for random criminal acts.
Raven's Cove v. Knuppe (1981). Developer with control of board owes fiduciary duties to assn and members.
Ritter & Ritter v. Churchill (2008). Assn can be liable even where board found not liable for a maintenance decision.
Ruoff v. Harbor Creek (1992). Members may be liable for insjuries sustained from hazardous conditions in common area. (Civ. Code 5805 limits liability.)
Stonegate v. Staben (2006). Subcontractor liable for defective work even where no privity of contract with assn.
Tilley v. CZ Master (2005). Assn not liable for injuries to security guard caused by teenagers.
Titus v. Canyon Lake (2004). Authority given to assn in CC&Rs did not creation affirmative obligation.
Wentworth v. Sierra (2004) unpublishedNo liability for or duty to warn of crimes not reasonably foreseeable.

LITIGATION ISSUES (see LITIGATION MENU)
Bein v. Brechtel-Jochim (1992). Gate guard may be served if guard denies process server access to development.
Cabrini v. Haghverdian (2003). Service of request for resolution may be by certified mail.
Elnekave v. Via Dolce (2006). Board member with authority to settle a case must be present at mandatory settlement conferences.
Kaye v. Mount La Jolla (1988). Owners can recover cost of repair or diminution in value, but not both.
Kovacevic v. Avalon (2010). Improper filing by vexatious litigant not cured by hiring attorney afterward.
Moorpark v. VRT Corp. (1998). Partition actions must be judicial.
O'Toole v. Kingsbury (2005). Court ordered emergency special assessment to pay judgment & a receiver to carry out court's order.
Queen Villas v. TCB (2007). Manager sued by HOA. Indemnity relates to third-party claims, not first-party claims.
Trabuco Highlands v. Head (2002). Parties did not agree to binding arbitration.

MAINTENANCE, REPAIR & REPLACEMENT (see MAINTENANCE MENU)
Dover Village v. Jennison (2011). Leaky sewer pipe was not exclusive use common area and was HOA's responsibility to maintain.
Ritter & Ritter v. Churchill (2008). Assn can be liable even where board found not liable for a maintenance decision.
Starlight Ridge v. Hunter-Bloor (2009). Maintenance of drainage in assn maintenance areas.

MEDIATION/ARBITRATION (see DISPUTE RESOLUTION MENU)
Foxgate v. Bramalea (2001). There are no exceptions to the confidentiality of mediation communications or the limits of mediator reports.
Mansouri v. Sup. Ct. (2010). CCP 1281.2 requires demand for arbitration when there is a mandatory arbitration clause in CC&Rs.
Villa Milano v. Il Davorge (2000). CC&Rs requiring binding arbitration of construction defect claims unenforceable by developer who solely drafted CC&Rs.

NUISANCE (see NUISANCE MENU)
Birke v. Oakwood (2009). Nuisance claim for smoking in apartment pool area also addresses ADA issues.
Schild v. Rubin (1991).  The neighbors playing basketball was not a nuisance.

PROTECTED SPEECH AND ANTI-SLAPP
Boswell v. The Retreat (2016) unpublished. Detailed analysis of emotional distress and other anti-SLAPP issues.
Cabrera v. Alam (2011). Statements made at annual meeting are protected activity under the anti-SLAPP statute.
California Riviera v. Hackel (1996). Prelitigation communications can be subject to the litigation privilege.
Colyear v. Rolling Hills (2017). Neighbor sued when he complained to board about trees blocking his view--dismissed.
Country Side v. Ivie (2011). Declaratory relief subject to anti-SLAPP based homeowner's comments at a meeting.
Cross v. Cooper (2011). Lawsuit over lost sale of unit due to disclosure of nearby sex offender dismissed.
Damon v. Ocean Hills (2000). Assn newsletter which criticized former manager protected speech.
Dowling v. Zimmerman (2001). Letter from resident's attorney to board re nuisance caused by other owner protected.
Golden Gateway v. Golden Gateway (2001). Tenant assn had no right to distribute newsletter in privately owned apt complex.
Healy v. Tuscany Hills (2006). Letter by assn’s attorney, and sent to members of the assn, was within litigation privilege.
Kulick v. Leisure Village (2018) unpublished. Atty letter to membership protected.
Laguna v. Golden Rain (1982). Gated assn can exclude unsolicited newspapers from being distributed.
Lee v. Silviera (2016). Director's vote at a board meeting is a protected activity under anti-SLAPP statute.
Palm Springs v. Rangel (1999). Campaign flyers distributed by owners were not libelous against assn.
Rogo v. Gottlieb (2016). Anti-SLAPP motion denied re letter from assn attorney that was sent to membership with malice toward an owner.
Ruiz v. Harbor View (2005). Defamation claim based on letters by atty to members re ARC plans dismissed.
Silk v. Feldman (2012). Anti-SLAPP denied where communication is defamatory on its face.
Talega v. Standard Pacific (2014). Board meetings are not “official proceedings” for purposes of the anti-SLAPP statute.
Trilogy v. Shea Homes (2015). Anti-SLAPP denied when defendant failed to show breach of fiduciary duty arose from protected conduct.
Turner v. Vista Pointe (2009). Suit for denial of ARC variance dismissed.

RECORDS INSPECTION (see BOOKS & RECORDS MENU)
Havlicek v. Coast to Coast (1995). Court may impose "just and proper conditions" on director otherwise "absolute" inspection rights.
Moran v. Oso Valley (2004). Atty fee award even though assn produced records.
Tract 7260 v. Parker (2017). Assn can deny membership list when request is for improper purpose; set aside action not required.
Tritek v. Sup. Ct. (2009). Plaintiff director's right to inspect attorney-client documents.
Wolf v. CDS Devco (2010). Former director lacks director's inspection rights.
Worldmark v. Wyndham (2010). Email addresses part of membership list under Corp. Code §8330.

RENT RESTRICTIONS (see RENTER MENU)
City of Oceanside v. McKenna (1989). Leasing prohibition reasonable means of achieving stable community of owner-occupied units.
Colony Hill v. Ghamaty (2006). Renting rooms is a commercial activity in violation of CC&Rs requiring single-family purposes.
Harrison v. Sierra Dawn (2010) unpublished. Rentals associated with crime and rule violations.
Laguna Royale v. Darger (1981). Reasonable rent restrictions upheld by cours.
Mission Shores v. Pheil (2008). CC&R amendment banning short-term rentals is reasonable.
Nahrstedt v. Lakeside Village (1994). The power of assns to regulate includes the rental of units.
Ritchey v. Villa Nueva (1978). Restricting leases to 18-year olds and older is enforceable.
Watts v. Oak Shores (2015). Boards can adopt rules regulating short-term rentals.

RULES & REGULATIONS (see RULES & REGULATIONS MENU)
Bear Creek v. Ferwerda (2011). ARC can adopt guidelines but cannot mandate attys' fees if CC&Rs are silent.
Dolan-King v. Rancho Santa Fe (2000). Reasonableness required when when denying an architectural application.
Fourth La Costa v. Seith (2008). No right to post real estate signs in common areas.
Greenfield v. Mandalay Shores (2018). For beach condos, the decision to ban or regulate STRs must be made by the City and Coastal Commission, not the assn.
Liebler v. Point Loma (1995). Can enact rules to exclude nonresident owners from recreational facilities if in CC&Rs.
Major v. Miraverde (1992). Rule prohibiting non-owner's use of common area invalidated where no authority in CC&Rs.
Rancho Santa Fe v. Dolan-King (2004). Associations may enact rules to clarify and define terms in the CC&Rs.
Sui v. Price (2011). Nahrsted reasonableness test applies to rules.
Tesoro v. Griffin (2011). Civ. Code §714 does not prohibit consideration of aethetic impacts of a solar energy system.

STATUTE OF LIMITATIONS
Costa Serena v. Costa Serena ARC (2009). 4-year SOL for procedural challenges to CC&R amendments.
Crestmar v. Stapakis (2007). Statute of limitations re transfer of parking spaces in condo conversion.
Cutujian v. Benedict Hills (1996). 4-year SOL applies where owner demands assn take action and assn refuses.
Pacific Hills v. Prun (2008). 5-year SOL applies to violation of restrictions; assn may choose to not enforce a restriction if reasonable.
Schuman v. Ignatin (2010). 4-year SOL for procedural challenges to CC&R amendments.
Smith v. Sup. Ct. (1990). 3-year SOL for breach of fiduciary duty and negligence.

TAXATION (see TAX MENU)
Holland v. Assessment Appeals Bd. (2014). Assessor cannot appraise mobilehome interests using Appeal Board formula.
Lake Forest v. County of Orange (1978). Association property exempt from taxation.

VIEW PROTECTION (see DEFINITION)
Colyear v. Rolling Hills (2017). Neighbor sued when he complained to board about trees blocking his view--dismissed.
Ekstrom v. Marquesa (2009). View policy exempting palm trees struck down.
Ezer v. Fuchsloch (1979). Trees must be trimmed to roof height to preserve R view rights. Trees have no legal standing.
Lingenbrink v. Del Rayo Estates (2017) unpublished. "Unreasonable" interference with view cannot be implied in CC&Rs.
Pacifica v. Wesley Palms (1986). Court will not imply a view restriction no expressly stated in a conditional use permit.
Seligman v. Tucker (1970). "Unreasonably obstruct" is not too vague to be enforceable.
White v. Dorfman (1981). "No hedge or hedgerow, or wall or fence or other structure" does not refer to a dwelling house or garage.
Zabrucky v. McAdams (2005). What constitutes a "structure" for purposes of protecting view rights.

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