Beaty

FACTS AND PROCEDURAL HISTORY

In 1973, Martin Development Corporation (the “declarant”) recorded a “declaration of protective restrictions” in conjunction with its mapping of the Gold Springs subdivision unit 1 in Tuolumne County. The declaration of covenants, conditions, and restrictions (CC&R’s) established rights and duties among the declarant and persons purchasing lots in the subdivision to govern its development and operation. The CC&R’s had two groups of provisions particularly pertinent to this appeal. The first group of provisions in the CC&R’s concerned architectural standards in the subdivision. The CC&R’s limited use of lots in the subdivision to single-family dwellings and associated buildings, provided for general building standards (“natural materials that harmonize with their surroundings whenever possible”), setbacks, and other development criteria. Section 3, entitled “Architectural Control by Declarant,” provided, in part: “No building or other structure shall be commenced, erected or maintained in Gold Springs, nor shall any exterior addition or alteration be made until the plans and specifications therefor have been submitted to and approved in writing by…