Haghverdian

Defendant and appellant Sonia Haghverdian appeals from the issuance of an injunction requiring her to remove a room air-conditioning unit she installed in an exterior wall of her condominium without prior approval from plaintiff and respondent Cabrini Villas Homeowners Association (the association or respondent). Appellant contends: (1) the injunction must be reversed because respondent did not serve her with a “Request for Resolution,” a condition precedent to bringing an action for injunction pursuant to Civil Code section 1354 (section 1354); (2) the architectural control provisions of the CC&R’s were not enforceable equitable servitudes under section 1354; and (3) the trial court “improperly rejected important evidence with respect to balancing the hardships.” After review, we affirm the order.

FACTUAL AND PROCEDURAL BACKGROUND

Cabrini Villas is a common interest development comprised of 863 town homes (units) located on 77 acres in Burbank. It is governed by a condominium plan, a declaration of covenants, conditions and restrictions (CC&R’s), supplemental CC&R’s, association rules and regulations, and a policy on architectural control. Article VII, section 4 of the…