La Jolla Mesa Vista Improvement Ass'n v. La Jolla Mesa Vista Homeowners Ass'n

Introduction

The residential development which is the subject of this dispute has been governed by a declaration of conditions and restrictions (CC&Rs) since 1957. By their terms the CC&Rs were scheduled to expire on January 1, 1987, unless within the six months preceding January 1, 1987, they were extended by a majority of the homeowners in the development.

Between July 1, 1986, and January 1, 1987, a homeowners association circulated a document which extended the effective date of the CC&Rs to January 1, 2017. The extension also provided substantial modifications of the existing CC&Rs. The extension proponents, believing they had enough signatures to make the extension and modification effective, recorded their extension on December 24, 1986.

Thereafter a second homeowners association was formed. It filed the instant action which challenges the validity of the extension. The challenge is based primarily on alleged defects in a number of the signatures obtained in support of the petition.

Following a trial without a jury, the superior court found the extension was supported by a sufficient number of valid signatures and entered judgment in favor of the…