Beehan

T. Edward Beehan and Claire E. Beehan (hereinafter plaintiffs) appeal from a judgment in favor of defendant Lido Isle Community Association (Thereinafter Association) denying plaintiffs’ claim for reimbursement for attorney fees and costs incurred in obtaining a stipulated judgment against Robert P. and Loring P. Warmington (hereinafter Warmingtons).

Findings of fact and conclusions of law were waived by plaintiffs’ failure to request them. (Code Civ. Proc., § 632.) Accordingly, we presume in support of the judgment each favorable finding of fact supported by the evidence. (Stewart v. Langer, 9 Cal.App.2d 60, 61 [ 48 P.2d 758 ].)

Plaintiffs and the Warmingtons own property situated diagonally across a street from each other on Lido Isle in Newport Beach. The property on Lido Isle is subject to a declaration of protective restrictions executed and recorded in 1928. Association is a nonprofit corporation which was also organized in 1928. The activities in which it is permitted to engage are set forth in the “Purposes Clause” of its articles of incorporation. One of the enumerated purposes is the enforcement of the declaration of protective restrictions.

In November 1973,…