Forbush

FACTS

I. Hamilton Cove

Hamilton Cove is a condominium development on Catalina Island with 185 units in multiple buildings. Building 8 contains 18 units “stair-stepped” on a hillside, with part of each lower unit forming the floor and balcony of the unit above. The HOA is governed by a five-member board of directors (the board) and regulated by the Restated Declaration of Covenants, Conditions and Restrictions and Reservation of Easements for Hamilton Cove as amended December 1, 2018 (the CC&Rs). The CC&Rs define a “unit” as “a living area space or spaces (‘Residential Element’) bounded by and contained within the interior unfinished . . . surfaces of the perimeter walls, floors, ceilings, windows and doors of each Residential Element, as shown and defined in the Condominium Plan. In interpreting deeds, declarations and plans, the existing physical boundaries of the Unit or a Unit constructed or reconstructed in substantial accordance with the Condominium Plan . . . shall be conclusively presumed to be its boundaries, rather than the description expressed in the deed, Condominium Plan, Original Declaration, or this Restated CC&Rs, . . . regardless of minor variances between…