Harper

FACTS AND PROCEDURAL BACKGROUND

Canyon Hills is a nonprofit corporation operating a common interest development consisting of the residential properties within the association’s boundaries. It is governed by a five-member board of directors (the board). All of the lots are subject to a recorded declaration of covenants, conditions and restrictions (CC&Rs). Article VII of the CC&Rs provides for the creation of an architectural committee and requires homeowners wanting to make structural changes to their home or modify their lot’s landscaping to submit plans for the proposed change and obtain the committee’s approval before doing so. Section 1 of Article VII declares, “No building . . . shall be commenced . . ., nor shall any exterior addition to or change or alteration therein . . . be made until the plans and specifications showing the nature, kind, shape, height, materials, and location . . . have been submitted to and approved in writing as to harmony of external design and location in relation to surrounding structures and topography by the . . . committee . . . .” The board subsequently enacted Architectural and Landscaping Guidelines, Standards and Application (Guidelines)…