Costa Serena Owners Coalition v. Costa Serena Architectural Committee

Bad Law
175 Cal. App. 4th 1175·2009 Cal. App. LEXIS 1165·97 Cal. Rptr. 3d 170
Court of Appeal of CaliforniaJune 24, 2009D052903, D053159, D053553California12,638 words

Opinion

Opinion

Aaron, J.

I.

INTRODUCTION

Costa Serena is a planned development located in Oceanside, California, that was built in the 1970’s. A “Declaration of Restrictions” that governed the community was set to expire at the end of 2006. During that year, a group of homeowners led by the Costa Serena Architectural Committee (the Architectural Committee)—a committee comprising of homeowners who had been elected to enforce the Declaration of Restrictions—attempted to extend the life of the Declaration of Restrictions beyond 2006. Other homeowners in the community opposed extending the Declaration of Restrictions. The group that opposed extending the Declaration of Restrictions was particularly opposed to a provision in the Declaration of Restrictions that required that residents be at least 55 years old. Some of these homeowners formed a group—the Costa Serena Owners Coalition (the Coalition)—and filed an action challenging the actions of the Architectural Committee. The Coalition attacked the Architectural Committee’s attempt to extend the Declaration of Restrictions by, among other things, challenging the validity of amendments to the Declarations of Restrictions that had been recorded in…

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