James

Is a private restriction prohibiting a homeowner from installing a satellite dish in his yard unreasonable? In this case it is. Also, because the appeal from the judgment is frivolous, sanctions shall be assessed.

I

The parties stipulated to the following facts: Defendant John James is the owner of a lot in the planned community of Portola Hills. The Portola Hills Community Association enforces a comprehensive set of covenants, conditions and restrictions (CC&Rs). The CC&Rs “completely ban[] the use of satellite dishes in Portola Hills. [¶] 5. Separate architectural guidelines prepared by the Portola Hills Community Association and adopted by the Board of Directors state in pertinent part as follows: [¶] ‘13. Satellite Dish: Absolutely no satellite dish of any nature will be acceptable on the exterior of the units or lots anywhere within the Association. Cable television has been provided for this purpose.’ ” (Italics added.)

Despite the ban, James asked the association’s architectural control committee to approve a landscaping plan that included a backyard satellite dish. The “landscape plans were approved by the [architectural [cjontrol [c]ommittee with the exception…