California Court of Appeal

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Harvey v. Landing Homeowners Ass'n, D050263

In an action challenging a decision by the board of directors of a homeowners association determining that fourth floor homeowners in a condominium could exclusively use a certain space of inaccessible common area of attic space, appurtenant to their units, for rough storage, judgment for defendants is affirmed where: 1) the Board acted within its authority under the CC&R's; 2) the undisputed evidence showed that the Board properly exercised its discretion in determining the challenged common area storage uses; and 3) the Board's actions were not invalid because directors who owned units on the fourth floor of the project voted in favor of allowing limited exclusive use of the attic space common area.

Appellate Information

  • Decided 04/30/2008
  • Published 04/30/2008

Judges

  • BENKE, J.

Court

  • California Court of Appeal

Counsel

  • For Appellant:
  • Luke R. Corbett, Butz Dunn Desantis & Bingham, San Diego, CA, for Plaintiff and Appellant.

  • For Appellees:
  • Kenneth H. Moreno, Scott J. Loeding, Murchison & Cumming, San Diego, CA, for Defendants and Respondents.
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