Fairly-Haze

I. FACTUAL AND PROCEDURAL BACKGROUND

A. The Parking Dispute The Association is a nonprofit mutual benefit corporation governed by a Declaration of Covenants, Conditions & Restrictions (Declaration or CC&Rs). The Declaration is an equitable servitude that runs with the land and is a contract between the Association and the condominium owners. The original Declarant was the property’s developer. After selling the condominiums to individual owners, the Declarant transferred its management responsibilities to the Association. As condominium owners, Petitioners are members of the Association and are bound by the CC&Rs and other governing documents. Ownership of each condominium includes two dedicated parking spaces in the Association’s underground parking garage. These spaces are deeded to the owners when they purchase a unit

To avoid confusion, we refer to Robert Haze by his first 1

name. No disrespect is intended.

2 and are not owned by the Association. Accordingly, when Petitioners purchased their condominium, they assumed ownership of two assigned underground parking spaces. The only parking spaces in the garage are those assigned to individual units. Petitioners complained…