Committee
Committee to Save Beverly Highlands Homes Ass'n v. Beverly Highlands Homes Ass'n
Opinion
Opinion
Spencer, J.
Introduction
Defendants The Beverly Highlands Homes Association, Dmitri Villard, Walter DeCaen, Lee Bronson and Margie Oswald appeal from a summary judgment in favor of plaintiffs The Committee to Save the Beverly Highlands Homes Association, Sidney Smilove and Arlene Cohen. We reverse the summary judgment.
Statement of Facts
Defendant The Beverly Highlands Homes Association (Association) is a nonprofit mutual benefit corporation. It was formed in 1952. Its members are the owners of buildable lots in the Beverly Highlands, which is located in an area of Los Angeles north of Sunset Boulevard near West Hollywood. The Association itself does not own any of the lots in the Beverly Highlands.
A description of the property included within the Beverly Highlands, a statement as to the powers of the Association, and restrictions as to use of the property within the Beverly Highlands are set forth in the Beverly Highlands Declaration of Restrictions (Declaration). This document was recorded on June 27, 1952, by Title Insurance and Trust Company.
Four of the lots in the Beverly Highlands are called open area nonbuildable lots. Owners of these lots are not members of the…