Proud

Defendants Ernest Proud, Carol Proud, Bert Gassman and Mildred Gassman appeal from a judgment determining a declaration of covenants, conditions and restrictions (CC&Rs) affecting a condominium development and a notice of association rules and designation of adult and family regions issued pursuant thereto are valid and enforceable and enjoining defendants from violating the provisions thereof.

Facts

Sunrise Country Club is a sizable condominium development in Rancho Mirage consisting of some 746 condominium units. It has 21 swimming pools. Plaintiff Sunrise Country Club Association, Inc. (the Association) is a nonprofit corporation in the nature of a homeowners’ association and is the managing body of the condominium development.

Article 6.7 of the CC&Rs recorded in 1973 is entitled “Association Rules” and provides in relevant part: “The Board [board of directors] shall adopt, amend, enforce and repeal such rules and regulations as shall be necessary and proper for the operation of the Common Area and all Association Property (the ‘Association Rules’). ... At the outset, with respect to each Phase or portion of a Phase, the Association Rules shall contemplate…