Noxsel

INTRODUCTION

Plaintiff and appellant E. Ray Noxsel1 and respondent Boquet2 Estates Owners

Association (HOA), have sued one another in a dispute involving 59 garages, owned by

Noxsel as part of a condominium development. Noxsel contends that the garages can be

rented or sold to anyone, including members of the general public. In contrast, the HOA

contends that Noxsel can rent or sell the garages only to HOA members and not to

members of the general public. With regard to HOA assessments, the parties disagree on

how much the assessments may be increased each year.

On appeal, Noxsel contends the trial court misinterpreted the covenants,

conditions and restrictions (CC&Rs) for the Boquet Estates development (Boquet), as

well as the 1977 conditional use permit (CUP) issued by the City of Upland (Upland).

Noxsel also argues the court misapplied Civil Code section 1366. Noxsel seeks a

reversal of the judgment and the award of attorney‘s fees to the HOA.

The fundamental contention advanced by Noxsel is that the CUP and the CC&Rs

should be interpreted to allow sale or rental of the garages to anyone, not limited to

owners of the Boquet condominiums. As the reviewing court,…