Miller v. San Luis Bay Estate Homeowners Assn. CA2/6

FACTS

The entire development (Development), of which Jane Strode Miller’s 18-acre parcel is part, consists of 1,100 acres in San Luis Obispo County (County). A public road runs along the east side of the Development. Access to the Development from the public road is by two gates, one at the northern end of the Development and the other at the southern end. A private road forms a large single loop through the Development, beginning at one gate and ending at the other. Miller’s parcel is at the northwest corner of the Development. The private road runs along the eastern boundary of Miller’s parcel for some distance. The San Luis Bay Estates Homeowners Association, Inc. (Association) controls the private road. A master plan for the Development was approved by the County in 1981. The plan contemplated phased development and annexation of the developed areas by what is now the Association. Miller’s parcel is undeveloped and has not been annexed. Development’s Governing Document The Development is governed by a declaration of Covenants, Conditions, Restrictions, and Reservation of Easements (CC&R’s). The CC&R’s contain provisions relating to the use of the private road for both annexed…