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Case Law - Enforcement

Champir, LLC v. Fairbanks Ranch Assn.

(2021) 66 Cal.App.5th 583 Civil Code Section 5975 allows the prevailing party in an action to enforce the governing documents of a common interest development to recover reasonable attorney's fees and costs. This right persists despite the voluntary dismissal of such an action. Prevailing party determination under the Davis-Stirling Act requires the trial court to compare the relief awarded on the claims with the parties' demands on those same claims and their litigation objectives as disclosed by the pleadings, trial briefs, opening statements, and similar sources.

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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