HOA Dispute Attorney – California Courts May Issue Orders To Compel HOA Rules Enforcement

In the case of Ekstrom v. Marquesa at Monarch Beach Homeowners Ass’n (2008) 168 Cal. App. 4th 1111, a homeowner’s was granted an injunction against their HOA to enforce tree trimming to protect the homeowner’s view. The HOA appealed the initial ruling, contending the injunction went “overbroad” and was too “vague.” The HOA also noted the order did not define a specific course of action. And that the plaintiff did not join defendant homeowners.  The Court of Appeal, however, rejected the HOA’s assertions and affirmed the trial court’s original judgment.  Id. at 1127.  The Ekstrom Court’s rejection of the HOA’s arguments 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 addition, the Ekstrom Court 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.  Countering the HOA’s claims that plaintiff failed to join individual homeowners, the Ekstrom Court pointed to Cal. Civ. Code § 5980, which notes that an association may defend CC&Rs enforcement litigation without joining the individual homeowners in the association. Id. at 1126. As such, it is clear that well-settled California law grants courts broad discretion to compel HOAs to take all measures necessary to enforce their rules.

Are you a homeowner embroiled in a dispute with your HOA? Contact one of Gholian Law’s Los Angeles HOA Dispute Attorneys for a free consultation and case evaluation TODAY.