Recent Court Rulings
Facts: A homeowner in a planned community was asked by the association to plant grass on a portion of his property to cover exposed soil. The homeowner notified the association by letter that grass wouldn’t grow on that area, but that he would plant a flower bed to cover the exposed spot. He didn’t receive a response to the letter and didn’t formally get permission from the association to install the flower bed, which was required under the declaration of covenants.
Facts: Lot owners in a planned residential community owned two adjacent lots. After several years, they combined both lots into a single lot. They followed state law to do so and properly recorded the change. When the association charged them for assessments for each of the two lots, which now were combined, the owners objected.
Facts: Two homeowners cultivated a vineyard on their land in a planned community for the purpose of making wine to be sold to the public. The association’s CC&Rs didn’t prohibit the cultivation of a vineyard for this purpose, but they did prohibit “any business or commercial activity.” Several other homeowners objected to the operation of what they considered to be a commercial vineyard in violation of the prohibition against any business or commercial activity.
Facts: Over the course of several years, a construction company performed construction work for an association. When the association encountered financial trouble, it requested a loan from the construction company. The association also needed to replace a deteriorating retaining wall and asked the construction company to bid on the project. The parties agreed to and executed: (1) a promissory note memorializing the loan; and (2) a contract for the construction of the wall.