Carolyn

Defendant Orange Park Community Association (OPCA) maintains and exercises control over a series of recreational trails on portions of the association “common area” (Civ. Code, § 1351, subd. (b)). The trails border Broadmoor Park homes and Saddlehill development, OPCA residential developments in Orange Park Acres. The OPCA trails connect to a larger system of trails maintained by other associations or by government entities (such as Orange County and nearby municipalities). In 2007, citing safety concerns for “horseback riders and trail hikers,” as well as damage to trail fencing, OPCA installed barriers on its trail entry points to prevent vehicles from utilizing the trails.

Plaintiff Evan Carolyn sued OPCA, alleging he “made plans to use the OPCA Trail System by means of a horse drawn carriage in or about early July 2007, but discovered that the trails were no longer available for use by disabled people such as himself in a horse drawn carriage and/or other horse drawn vehicle as a result of the alteration of the OPCA Trail System by OPCA . . . .” Based on these factual allegations, Carolyn pleaded five separate causes of action (1) for violation of title III of the…