Complaint: homeowner failed to maintain her yard — gazebo;
Source of Law: CC&Rs
Discussion:
Holding:
Comments: Only issue before the ALJ was that Neighbor complained to HOA about appearance of Plaintiff’s backyard – furniture/gazebo was within setback. HOA then fined Plaintiff for violations. What was the meaning of “structure” in CC&Rs restrictions on “no structures are permitted”?
Plaintiff failed to subpoena witnesses and HOA objected as hearsay.
Plaintiff cites cases, without naming them, court opinions on how to interpret wording of documents – intention of parties, everyday meaning of words, etc. She inherited home from father and proceeded to fix it up since it was in bad shape. The neighbor attempted to dictate how Plaintiff was to decorate her property. Soon, they became not too friendly.
ALJ did not want to hear background “causes”, just the facts about receiving a fine from HOA. HOA “notice “ failed to provide specifics, the gazebo as cause, to Plaintiff who attempted to clarify what was the problem under the CC&Rs, and how the gazebo was a problem. HOA decision, citing another part of CC&Rs, was described as “an error” by HOA attorney.
HOA attorney continued to interrupt Plaintiff, yet she, not the judge, repeatedly chastised Plaintiff for speaking too soon and to wait for the judge to speak. Plaintiff threatened with age restriction violations. HOA is exempted age restricted HOA – must have a resident over 55 – was not part of Petition.
Carolyn Goldschmidt is the HOA attorney.
