Sunset Greens Homeowners Assn. v. Spagenski CA4/1

I.

FACTUAL AND PROCEDURAL BACKGROUND

A. The CC&R’s Appellants Douglas and Arden Spagenski are homeowners of residential properties within the Association’s Community. Their adult son, appellant John Spagenski, lives in one of their properties in the Community. The Association homeowners are subject to a recorded declaration of covenants, conditions, and restrictions (CC&R’s), which are equitable servitudes that may be enforced by any owner within the Community, the Association, or both. The CC&R’s provide in relevant part: “5.17 Offensive Activity; Nuisances. [Civ. Code[,] § 3479] No one may engage in any illegal, noxious, or offensive activity in any part of the Community, or do any act which unreasonably threatens the health, safety and welfare of other residents of the Community. Nothing shall be done on or within the Community that may be or may become a nuisance to the residents of the Community. [¶] . . . [¶] “5.21 Pets. [Civ. Code[,] § 4715] No one may keep pets or other animals in violation of the following: “5.21.1 Owners or residents of the Community may keep up to two (2) usual and ordinary domestic pets on the Lot subject to the provisions of the Rules; provided,…