nahrstedt v lakeside village condominium association, inc

The Association appealed to the Supreme Court of California.

Please keep in mind that this site makes no warranties as to the accuracy of the cases listed here or the current status of law. Article IV, section 4.1 provides:  “Declarant, for each Condominium owned by it, hereby covenants to pay, and each Owner, by acceptance of a deed to a Condominium, whether or not it shall be so expressed in such deed, is deemed to covenant to pay to the Association (a) Annual Assessments, (b) Special Assessments, (c) Reconstruction Assessments and (d) Capital Improvement Assessments;  such assessments to be established and collected as provided herein. at p. 444, 211 P.2d 302;  Epstein, Notice and Freedom of Contract in the Law of Servitudes (1982) 55 So.Cal.L.Rev. Lakeside Village Condominium Association, Inc. case brief Nahrstedt v. Lakeside Village Condominium Association, Inc. case brief summary. At the January 6, 2005 hearing, the trial court ruled that the unfair competition claim was time-barred. Section 1362 provides:  “Unless the declaration otherwise provides, in a condominium project, or in a planned development in which the common areas are owned by the owners of the separate interests, the common areas are owned as tenants in common, in equal shares, one for each unit or lot.”  (Italics added.) (d);  Cal.Code Reg., tit. The owners are bound by the declaration. [¶] (c) Where a member of a corporation is not a natural person, such member may authorize in writing one or more natural persons to vote on its behalf on any or all matters which may require a vote of the members. Section 53, subdivision (b) states, “Every restriction or prohibition, whether by way of covenant, condition upon use or occupation, or upon transfer of title to real property, which restriction or prohibition directly or indirectly limits the acquisition, use or occupation of that property because of any characteristic listed or defined in subdivision (b) or (e) of Section 51 is void.”   Section 51, subdivisions (b) and (e) state:  “(b) All persons within the jurisdiction of this state are free and equal, and no matter what their sex, race, color, religion, ancestry, national origin, disability, medical condition, marital status, or sexual orientation are entitled to the full and equal accommodations, advantages, facilities, privileges, or services in all business establishments of every kind whatsoever. Equity will not enforce any restrictive covenant that violates public policy.

First, as plaintiff concedes, a recorded land use restriction in a common interest development is presumptively reasonable and will not be set aside unless it is found to be arbitrary or violates fundamental public policy.

The Association demurred to the complaint. 1994), Casebook 800 Common Interest Communities • Condos v. single-family dwellings • Ca.

Corporations Code section 7312 provides in part:  “No person may hold more than one membership, and no fractional memberships may be held, provided, however, that:  [¶] (a) Two or more persons may have an indivisible interest in a single membership when authorized by, and in a manner or under the circumstances prescribed by, the articles or bylaws subject to Section 7612. (Nahrstedt v. Lakeside Village Condominium Assn., Inc., supra, 8 Cal.4th at pp. 123;  see Adler v. Elphick (1986) 184 Cal.App.3d 642, 647, fn. A. 90-91, 14 Cal.Rptr.3d 67, 90 P.3d 1223.) Each member may cast the number of votes he or she has for the Board of Directors, which elects officers and administers the affairs of the condominium association. Trial Court dismissed P's claim. (m). Nahrstedt sued the Association, arguing that the restriction, was unreasonable as applied to her cats, which were kept indoors and not, The trial court sustained the Association’s demurrer, against the complaint, and Nahrstedt appealed. Our prior analysis is dispositive of the following arguments. homeowner sought review of a decision from the Court of Appeal The order awarding attorney fees is reversed and remanded for a determination of attorney fees under Civil Code sections 1717, subdivision (a) and 1354, subdivision (c). For example, unit 215 is assigned 19 “INTERESTS.”   By contrast, unit 1101 is assigned 85 “INTERESTS.”   Exhibit D states there are a total of 6,731 undivided interests in the common area. We summarily denied a mandate petition filed by defendant brought on the ground all the claims were time barred. The shareholders acquired their shares for different sums of money, presumably reflecting the market prices at the time of purchase.

263.) Plaintiff does not contend that the documents were not properly executed or recorded.

Corporations Code section 5330 states, “A corporation may issue memberships having different rights, privileges, preferences, restrictions or conditions, as authorized by its articles or bylaws.”  Corporations Code section 5331 states, “Except as provided in or authorized by the articles or bylaws, all memberships shall have the same rights, privileges, preferences, restrictions and conditions.”   As can be noted, the Corporations Code expressly allows the articles and bylaws to create different rights and conditions of membership. v. Il Davorge (2000) 84  Cal.App.4th 819, 835-836, 102 Cal.Rptr.2d 1.) Article I, section 1.15 defines “Common Expenses” as follows:  “Common Expenses means those expenses for which the Association is responsible under this Declaration, including actual and estimated costs of:  maintaining, managing, operating, repairing and replacing the Common Property;  unpaid Special Assessments, Reconstruction Assessments and Capital Improvement Assessments;  maintaining the ballroom, solarium, promenade, basement storage areas, showers, elevators, lockers and recreation areas on the Common Property;  all utilities metered to more than one Unit and other commonly metered charges for the Property;  trash collection and removal (as applicable);  maintaining clustered mailboxes and address identification signs:  managing and administering the Association including, but not limited to, compensation paid by the Association to managers, accountants, attorneys and other employees;  gardening, security and other services benefiting the Common Property;  fire, casualty, liability, workers' compensation, errors and omissions and director, officer and agent liability insurance, and other insurance covering the Property and the Directors, officers and agents of the Association;  bonding the members of the Board;  taxes paid by the Association, including any blanket tax assessed against the Property;  amounts paid by the Association for discharge of any lien or encumbrance levied against the Property, or portions thereof;  and all other items incurred by the Association, for any reason whatsoever in connection with the Property, for the common benefit of the Owners.”, Article I, section 1.17 of the declaration provides:  “Condominium means an estate in real property as defined in California Civil Code Section 1351(f).
1886) § 689, quoted in Hunt v. Jones (1906) 149 Cal. [¶] (4) ‘Sex’ has the same meaning as defined in subdivision (p) of Section 12926 of the Government Code. Procedural History. The relationship between interests in common areas and voting power on the one hand and assessments on the other hand may be slender, but a methodology based on that relationship has not been established in this case to be “wholly arbitrary.”. a, p. 3227;  2 Pomeroy, Equity Jurisprudence (2d ed. What is the standard for determining unreasonableness? (Cooper Arms Homeowners Association v. Superior Court (Apr. The choice to pay more based on an increased voting power is neither “unreasonable” nor “wholly arbitrary” as a matter of law.
Neither the act nor the California Code of Regulations requires that equal assessments be imposed in every case. When the association fined her, Ms. Nahrstedt filed suit claiming the restriction was unreasonable because her cats lived indoors and did not bother her neighbors. (Civ.Code, § 1351, subd.

In Nahrstedt, our Supreme Court cited as examples of restrictions that violate public policy-racially restrictive covenant in deeds as invalidated in Shelley v. Kraemer (1948) 334 U.S. 1, 23, 68 S.Ct. John CEBULAR, Plaintiff, Appellant, and Respondent, v. COOPER ARMS HOMEOWNERS ASSOCIATION, Defendant, Respondent, and Appellant. (§ 1351, subd. ‘Member’ also means any person who is designated in the articles or bylaws as a member and, pursuant to a specific provision of a corporation's articles or bylaws, has the right to vote on changes to the articles or bylaws. Plaintiff's claimed, but factually unsubstantiated, lack of notice contention is not a basis for finding the assessment and voting methodology violates fundamental public policy. And as with any corporation, the more shares a person owned, the greater her or his vote mattered. 2.

29, 2004, B174383) [nonpub.

As when the building was a cooperative, the more shares a owner held, the greater the impact of his or her vote on condominium issues.

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