Many of our HOA Dispute cases consist of an association member (i.e., homeowner) seeking to compel an HOA Board to enforce its own rules as against another homeowner. If the dispute cannot be resolved through mediation and litigation ensues, one option for the homeowner seeking to enforce rules is to move the court for a preliminary injunction order compelling the HOA to enforce its own rules. California courts have upheld injunctions requiring HOAs to utilize every enforcement mechanism available to it under the CC&Rs and the law in order to obtain the relief sought. See Ekstrom v. Marquesa at Monarch Beach Homeowners Ass’n (2008) 168 Cal. App. 4th 1111, 1125.
In the Ekstrom case, a homeowner sought an injunction to compel the HOA to essentially enforce its rules regarding a particular nuisance complained of. The trial court issued an injunction directing the HOA to utilize all enforcement mechanisms available to it under the CC&Rs. The HOA argued on appeal that such an injunction is vague and ambiguous and therefore unenforceable and also that the injunction impermissibly interferes with its discretion to determine how to enforce the CC&Rs. Id. The California Court of Appeals disagreed and upheld the trial court’s directives in the injunction issued. The Court of Appeal held that the judgment was “sufficiently clear as to what the Association must do. It must comply with its obligations by exercising its discretion ‘in good faith…’” Thus, injunctions directing an HOA to do everything in its power to enforce its own rules, can issue and would seemingly be upheld by California courts.
If you have an HOA dispute, contact one of our HOA Dispute Attorneys in Los Angeles for a free consultation and case evaluation.