Chodosh

FACTS

I.

THE PARTIES AND PROPERTY

The background of the property in question, dating back to its acquisition by a family in the 1840s and the parking of trailers on the property by the 1950s, is detailed in a prior unpublished opinion issued by another panel of this court. (Chodosh v. Palm Beach Park Assn. (Dec. 17, 2018, G053798) (Chodosh I).) Plaintiffs are former residents of the property.1 In 2007, the Association acted on a right of first refusal to purchase the property. A lender loaned most of the purchase money to the Association. In turn, the Association’s directors voted to assess each of its 126 members, on a per capita basis, the cost of buying the property. It amounted to $200,000 per member. Those unable to pay the money immediately were allowed to borrow the money from the Association pursuant to a promissory note. If a member were to default on monthly note payments, the entire remaining balance would become due and payable. The note payments later became a condition of each member’s lease, making nonpayment a material breach of the lease.

1 For various reasons, only six of the original plaintiffs are

involved in this appeal.

3 Unable to continue making…