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Case Law - Enforcement

Haley v. Casa Del Rey Homeowners Association

(2007) 153 Cal.App.4th 863 Relying on Lamden v. La Jolla Shores Clubdominium Homeowners Association (1999) 21 Cal.4th 249, the court held that the association had discretion to select among means for remedying violations of the CC&Rs without resorting to expensive and time-consuming litigation, and the courts should defer to that discretion in a case involving homeowners who brought an action against the association and other owners for, among other things, encroachments into the common area.  See also, Beehan v. Lido Isle Community Association (1977) 70 Cal.App.3d 858. 

Villa De Las Palmas Homeowners Association v. Terifaj

(2004) 33 Cal.4th 73 According to the California Supreme Court, a use restriction duly adopted by an amendment to the CC&Rs after an owner acquires his unit is enforceable against that owner through an injunctive relief action, even though the owner disagrees with the amendment. 

Nahrstedt v. Lakeside Village Condominium Assn.

(1994) 8 Cal.4th 361 According to the California Supreme Court, CC&R restrictions are presumed reasonable and will be enforced uniformly against all association members unless the restrictions are arbitrary, impose burdens on the property that substantially outweigh the restriction's benefits to the development's residents, or violate a fundamental public policy.

Ironwood Owners Assn. IX v. Solomon

(1986) 178 Cal.App.3d 766 An association must follow its own internal disciplinary procedures before seeking relief in court.

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