BATTRAM v. EMERALD BAY COMMUNITY ASSN.

Docket No. 30469.

157 Cal.App.3d 1184 (1984)

204 Cal. Rptr. 107

KENNETH I. BATTRAM et al., Plaintiffs, Cross-defendants and Respondents, v. EMERALD BAY COMMUNITY ASSOCIATION, Defendant, Cross-complainant and Respondent; EMERALD BAY CC & R COMMITTEE, Defendant and Appellant.

Court of Appeals of California, Fourth District, Division Three.

June 29, 1984.


Attorney(s) appearing for the Case

COUNSEL

Call, Clayton & Jensen, Call & Clayton and Wayne W. Call for Defendant and Appellant.

Mirassou & Nyznyk and J.B. Mirassou for Plaintiffs, Cross-defendants and Respondents.

Goebel & Monaghan and Louis E. Goebel for Defendant, Cross-complainant and Respondent.


OPINION

SONENSHINE, J.

The facts are not in dispute. Emerald Bay is a private self-contained community of over 500 homes. There are 11 tracts in the community, subject to virtually identical covenants, conditions and restrictions (CC&Rs). The Emerald Bay Community Association (Association) administers the rights and obligations created by all the CC&Rs and establishes a fiscal year budget, funded by imposing homeowner fees...

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