Lee v. Castelluccio CA3

BACKGROUND

Gold Strike Heights is a residential subdivision in Calaveras County. The subdivision’s developer recorded a declaration of restrictions (CC&R’s) in 2002,

1 The Act was repealed, revised and renumbered in 2012 (Stats. 2012, ch. 180 (Assem. Bill No. 805), eff. Jan. 1, 2014); references to the Act are to the statutes in effect at the time of judgment. 2 The Homeowners claim Lee lacks standing because he is not currently a member, officer or director of the Association. But the issue presented is whether the trial court erred in entering judgment and dismissing three cases in which Lee was a named party. Accordingly, we will address the merits.

2 designating the subdivision as a senior citizen housing development. The developer contemporaneously established the Gold Strike Heights Association (Association), a California nonprofit mutual benefit corporation. The CC&R’s declared each owner of a lot within the subdivision a member of the Association. The Association is governed by an elected board of directors, which has the power to levy assessments, adopt and enforce community rules, and impose disciplinary action against Association members. These features make the…