1101 Dove Street v. 1101 Dove Street Owners' Assn. CA4/3

INTRODUCTION

A business condominium owner erects a sign advertising its own business in the condominium complex’s common area. The condominium owner sues the condominium owners association, seeking declaratory relief that it has the right to maintain the sign where it is. The trial court, after a bench trial, enters judgment in favor of the owners association. On appeal, we affirm. The agreement for the purchase of the business condominium did not give the condominium owner the right to place the sign in the common area without the prior approval of the owners association and its architectural review committee. Nothing in the covenants, conditions, and restrictions applicable to the complex created a license, easement, or other right in the condominium owner to erect the sign. The owners association’s failure to object to the sign before it was put up is not an approval of the sign because the condominium owner never provided the owners association with the specifics of the sign’s size, orientation, location, or other elements.

STATEMENT OF FACTS AND PROCEDURAL HISTORY

In 2006 and 2007, Dove Street Condos Inc. (the Developer) developed an office condominium project on Dove…