R-Ranch Property Owners' Association v. Bullock CA3

I. BACKGROUND

A. Factual Background R-Ranch is a 5,000-acre recreational community with open spaces and common facilities for the benefit of its members. The Owners’ Association is a nonprofit mutual benefit corporation. Each member of the Owners’ Association owns a share consisting of a 1/2500th undivided interest in the property that allows them the nonexclusive right and easement of enjoyment in the common areas within the properties. More than one person may own a share, but they are deemed to be one member; there is only one vote per share. R-Ranch is not a residential community. The Owners’ Association is governed by a declaration of covenants, conditions, and restrictions (CC&Rs), bylaws, and relevant statutes. The CC&Rs provide that the property only can be used for ranching, grazing, hiking, camping, horseback riding, hunting, fishing, swimming, sports, or other recreational uses authorized by the Owners’ Association. At the time of this dispute, camping was limited to 210 days and then the owner had to stay away for at least 30 days before camping for up to 210 days again. The Owners’ Association has a board of directors (Board) that consists of seven members of the…