Brown

I.

FACTUAL AND PROCEDURAL BACKGROUND

Defendant and respondent Montage at Mission Hills, Inc. is a common interest 1 development (CID) located in Cathedral City. Plaintiff and appellant Nancie Brown

purchased and acquired title to a property in Montage in 2002. At the time, Montage’s

CC&Rs—Montage’s governing documents—did not prohibit any form of renting.

1 The Davis-Sterling Act defines a common interest development as including a community apartment project, a condominium project, a planned development, or a stock cooperative. (Civ. Code, § 4100.) Any of these is managed by an association that is called either an owner’s association or a community association. (Civ. Code, § 4800.) An association’s governing document is called a “Declaration” (Civ. Code, § 4250), or more fully a “Declaration of Covenants, Conditions and Restrictions,” which is commonly called the association’s “CC&Rs.” (See generally Nahrstedt v. Lakeside Village Condominium Association (1994) 8 Cal.4th 361, 369.)

2 Although the governing documents imposed some recordkeeping requirements for

rentals, they did not ban short-term rentals (STRs) or require rentals to be for a minimum

duration. This was…