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VILLA DE LAS PALMAS HOMEOWNERS v. TERIFAJ

No. S109123.

14 Cal.Rptr.3d 67 (2004)

90 P.3d 1223

33 Cal.4th 73

VILLA DE LAS PALMAS HOMEOWNERS ASSOCIATION, Plaintiff and Respondent, v. Paula TERIFAJ, as Trustee, etc., Defendant and Appellant.

Supreme Court of California.

June 14, 2004.

Attorney(s) appearing for the Case

Law Office of Russell P. Nowell and Russell P. Nowell, Brea, for Defendant and Appellant.

Jeff Thom, Los Angeles, for California Council of the Blind as Amicus Curiae on behalf of Defendant and Appellant.

Fiore, Racobs & Powers, Peter E. Racobs, Riverside, and Margaret G. Wangler, Palm Desert, for Plaintiff and Respondent.

MORENO, J.

Civil Code section 1354, subdivision (a),1 provides that covenants and restrictions in the declaration of a common interest development "shall be enforceable equitable servitudes, unless unreasonable." Section 1355, subdivision (b), in turn, provides that the declaration may be amended if certain procedures are followed. In Nahrstedt v. Lakeside Village Condominium Association (1994) 8 Cal.4th 361<...

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