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Mr. Buus Obtains a Preliminary Injunction Against a Homeowners Association on Behalf of Aggrieved Residents

Mr. Buus Obtains a Preliminary Injunction Against a Homeowners Association on Behalf of Aggrieved Residents Thumb

Homeowners living in a common interest development have sued their homeowners association for breaching the development's CC&Rs (Covenants, Conditions and Restrictions). Those CC&Rs, which in part govern the operation and management of the development's common areas, require that any alterations, additions or improvements to those common areas costing more than $1,000 be approved by two-thirds of voting homeowners. The Board had been ignoring that provision for some time, demolishing a pool without getting the required vote. When the Board threatened to remove two more pools in violation of the CC&Rs, aggrieved homeowners filed a suit in Orange County Superior Court, and asked the Court to require the Board to follow the CC&Rs before removing those pools. The Court entered a preliminary injunction sparing those pools from demolition. "All these homeowners want is for the Board to follow the rules; that's all." Mr. Buus, said. The Board, however, continues to fight the homeowners for its perceived right to break those rules.

November 9, 2010 | Santa Ana, California