FEATURE There are numerous cases currently in the courts that will likely impact how HOAs conduct their business. The Quorum Committee will continue to report on these cases as they are completed. In the meantime, the following two 2019 cases provide some interesting findings. Please rely on your association’s counsel any time you are presented with issues that are ambiguous or that are not clearly defined by current law or your governing documents.
2019 Case Law Update By Kumar S. Raja, Esq.
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n Harbour Island Condominium Owners Association, Inc. v. Alexander (2019), the Court of Appeals rendered an unpublished opinion which could provide some clarity regarding a tenant’s right to attend board meetings and a ban on noxious activities within the community. In general, unpublished opinions do not set precedent; under California law, they must not be cited or relied on by a court or a party in any other action (California Rules of Court Rule 8.1115). The Association (“HOA”) sought a restraining order against two tenants and their landlord to abate the tenants’ noxious behavior. The HOA relied on the CC&R provision which stated that residents cannot disturb the neighborhood or occupants of a neighboring property or create a nuisance.
Neighboring residents made several complaints to the HOA about the tenants’ excessive and purposeful noise: the tenants consistently stomped on their floors and slammed their doors. In addition to the noise complaints, tenants permitted their dog to urinate in the Common Area, despite the posted “No Dogs” signs. Lastly, the tenants engaged in aggressive behavior against the Board of Directors in an apparent attempt to intimidate Board Members. The trial court granted the preliminary injunction, ordering the tenants and their landlord to install throw rugs throughout the unit and a sound-muffling device on the doors; to cease 20
Quorum November, 2019
