HOA Disputes – California Courts May Issue Broad Orders to HOAs Compelling Enforcement of Rules

In Ekstrom v. Marquesa at Monarch Beach Homeowners Ass’n (2008) 168 Cal. App. 4th 1111, the Court of Appeal upheld a homeowner’s injunction against the HOA to enforce certain tree trimming provisions to protect the plaintiff homeowner’s view.  Id. at 1114.  The HOA appealed the injunctive and declaratory relief ordering the HOA to enforce the CC&Rs and preserve plaintiff’s views, claiming that the injunction was overbroad and vague and because the order did not specify a course of action and because plaintiff did not join as defendants individual homeowners. Id.  The Court of Appeal rejected the HOA’s arguments and affirmed the trial court’s judgment.  Id. at 1127.  In rejecting the HOA’s arguments, the Ekstrom Court held that “a directive that it [the HOA] utilize all enforcement mechanisms available is necessary to ensure the Association does not simply now make a token effort.” Id. at 1125.  In affirming the trial court’s order that the HOA do everything within its power to enforce the CC&Rs, the Ekstrom Court further held that “The Association cannot feign ignorance of what it should do—it has apparently had no difficulty figuring out how to carry out its responsibilities as to other trees species and has in the past required homeowners to trim or remove such trees.” Id. at 1126.  With respect to the HOA’s assertion that plaintiff failed to join individual homeowners, the Ekstrom Court relied on Cal. Civ. Code § 5980 which provides that an association may defend litigation concerning enforcement of CC&Rs without joining the individual homeowners in the association. Id. at 1126.    Thus, under well-settled California law, Courts have broad discretion to compel HOAs to take all measures necessary to enforce their rules.   If you are a member of a condominium association and have a dispute with your HOA, contact one of our HOA Dispute Attorneys in Los Angeles for a free consultation and case evaluation.

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