California Court of Appeal

A nonprofit mutual benefit corporation of homeowners that possesses a declaration of restrictions that certain neighborhood lots could not be built upon does not own a "common area" under the Davis-Stirling Common Interest Development Act, Civ. Code 1350 et seq., where the corporation does not own the lots in question.

Appellate Information

• Decided 10/19/2001
• Published 10/19/2001

Judges

• SPENCER, P.J.

Court

• California Court of Appeal

Counsel

• For Appellees:
  
•  Wilion, Kirkwood & Kessler and Allan E. Wilion, Beverly Hills, for Defendants and Appellants Dmitri Villard, Walter DeCaen, Lee Bronson and Margie Oswald.,  Chapin, Shea, McNitt & Carter and Neil Gunny, for Defendant and Appellant The Beverly Highlands Homes Association., Corin L. Kahn and Linda Thornton, Sherman Oaks, for Plaintiffs and Respondents.