Cohen

Plaintiff homeowners appeal the superior court’s dismissal of their action as to defendants S & S Construction Company (S & S), developer of the tract in which their home is located, and S & S’s sales agent Sam Cupito (Cupito) after the demurrer to the fourth amended complaint was sustained without leave to amend. In a companion appeal, Division Two of this court concluded plaintiffs did succeed in stating causes of action against codefendant homeowner’s association, Kite Hill Commu nity Association (Association), for negligence, breach of covenants, breach of fiduciary duty, and breach of the duty of good faith and fair dealing. For the reasons set forth below, we concur and accordingly reverse the judgment of dismissal as to S & S and Cupito.

I

The issues in the companion appeal were the nature and extent of Association’s duty to enforce the Declaration of Covenants, Conditions and Restrictions (Declaration) against plaintiffs’ neighbors, the Ehles and Lees, who have allegedly installed fences and landscaping which destroy plaintiffs’ premium view, and the Association’s potential liability for breach of that duty. These issues are also presented here in the context of…