Patterson

FACTS AND PROCEDURAL BACKGROUND

In 1990, Sherwood Development Company (SDC) created the New Sherwood Community, a residential development, country club, golf course and park in the Lake Sherwood area. SDC recorded a declaration of covenants, conditions and restrictions for the New Sherwood Community (Association CC&Rs), which governs all of the lots and parcels within that community. The Association manages and controls the common areas of the New Sherwood Community. Patterson, who resides in the Original Sherwood Community, is not a member of the Association. In 2005, SDC and the Lake Sherwood Mutual Water Company recorded the Park CC&Rs, which created certain easements and rights in the Park for the benefit of surrounding properties, including those within the Original and New Sherwood Communities. As part of the planned park improvement and maintenance program, the Association became both the owner and manager of the Park. The Association planted additional trees in the Park and provided maintenance services. Patterson complained the trees destroyed her previously unobstructed view of Lake Sherwood. When the Association failed to adequately address her concerns, Patterson,…