Background. An owner built a deck and hot tub in an easement. He did so with the permission of the architectural committee but in violation of a CC&R restriction that prohibited structures in the easements. The board of directors discovered the violation and ordered the owner to remove the deck. The owner refused, even when the association offered to pay for the removal. The association sued the owner.

Court's Decision. The court ordered the removal of the new deck and hot tub. The court concluded that the owner violated the express prohibition in the CC&Rs and the architectural committee did not have the authority to approve a violation of the CC&Rs. (Woodridge Escondido v. Nielsen.)

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