Ekstrom v. Marquesa at Monarch Beach Homeowners Association

Dana Point · CA · California Court of Appeal, Fourth District, Division Three

Member win · architectural

What happened

View-lot owners at Marquesa at Monarch Beach sued when the association refused to enforce CC&R tree-height/view trimming rules against palm trees under a board policy excepting palms. The trial court ordered enforcement consistent with the CC&Rs (including palms). The association appealed, arguing Lamden business-judgment deference, overbreadth, and failure to join individual palm owners. The Court of Appeal affirmed judgment for the homeowner plaintiffs (Nov. 3, 2008).

What the court (or agency) held

Lamden judicial deference does not protect a board policy that contradicts the plain CC&Rs. Marquesa's tree/view covenant required trees trimmed so they do not exceed house height unless they do not obstruct other lots' views (ARC judgment). The board's palm-tree exception was inconsistent with that text, so owners who sued to compel enforcement correctly obtained injunctive relief requiring the association to apply the covenant to palms. Judgment for the homeowner plaintiffs was affirmed.

Why this matters for members

Courts will not defer to a board "policy" that rewrites clear recorded restrictions. Selective non-enforcement (here, palms) that contradicts the declaration's text is vulnerable to a suit to compel evenhanded enforcement.

What the member did

Sued to compel the association to enforce the recorded tree/view restrictions as written, defeating a board-created palm exception.

Questions for the board

Questions for a lawyer

Citation

Ekstrom v. Marquesa at Monarch Beach Homeowners Association, 168 Cal. App. 4th 1111 (2008); No. G038537 (2008-11-03). California Court of Appeal, Fourth District, Division Three. Outcome chip: member_win. Source: https://caselaw.findlaw.com/court/ca-court-of-appeal/1485556.html

_General information, not legal advice. Outcomes turn on facts and current law._

Source opinion

General information, not legal advice. Outcomes turn on facts and current law.

Not a law firm. Not legal advice. Confirm this against your documents and your state’s law.