Ryland Mews Homeowners Association v. Munoz

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Ryland Mews Homeowners Association v. Munoz

234 Cal.App.4th 705 (2015)

 

Facts: Homeowners’ association brought action against a homeowner for the homeowner’s removal of carpeting from his upstairs unit and the unauthorized installation of hard-surface flooring. The Superior Court granted preliminary injunction and the homeowner appealed.  Homeowner claimed that hardwood floors were necessary in his home because his wife was severely allergic to dust.  Downstairs homeowner complained of significant nuisance from increased sound following the installation of the floors.

 

Applicable Law:  Civil Code § 5935 (Request for Resolution / ADR); Enforcement of CC&Rs

 

Result: Court upheld the injunction against the homeowner, requiring him to modify the floors to bring them into compliance with the guidelines established by the Association.

 

Rule: The finding that defendant’s violation of the HOA rules had resulted in a continuing nuisance for the occupants below was supported by substantial evidence.  Association’s right and obligation to enforce its governing documents is, once again, upheld.