Golden West Patio Homes Owners Assn. v. Cortez CA4/3

FACTS

The Association is a nonprofit corporation responsible for the management, maintenance, and care of the common area of a condominium development in Westminster that is comprised of 18 duplex buildings. Cortez and his wife own and reside in one of the duplex units. In the spring of 2019, the Association implemented a plan to have a pest control service tent and fumigate the development’s buildings for termites. Tenting and fumigation of Cortez’s building was scheduled for May 7, 2019. Cortez refused to cooperate with the planned fumigation because he believed there were viable treatment methods that did not require tenting. On May 6, 2019, the Association filed an ex parte application for a summary removal order under section 4785, seeking to take immediate possession of Cortez’s unit and another unit in the development for the limited purpose of conducting the tent fumigation.2 Cortez personally appeared at the hearing on the application. The

1 Statutory references are to the Civil Code unless otherwise specified. 2 The appellate record does not include the Association’s application for the removal order or records concerning the court’s consideration of the request. The…