Don’t Move Into A Home With A Homeowners Association, If You Don’t Like To Be Told What You Can Or Cannot Do.
by
A homeowners association [HOA] asked the court to issue a preliminary injunction requiring a homeowner to remedy an unauthorized modification to the flooring in his upstairs condominium unit to reduce the transmission of noise to the unit below. Defendant contended hardwood floors were necessary in his unit because his wife is severely allergic to dust. The court issued the injunction and defendant appealed, claiming the HOA was required to engage in ADR prior to asking for an injunction. The Court of Appeal stated defendant had not shown any prejudice resulting from the HOA’s lack of compliance with the technical requirement for ADR, and otherwise found no abuse of discretion on the part of the trial court. (Ryland Mews Homeowners Assn. v. Munoz (Cal. App. Sixth Dist.; January 29, 2015) (Ord. Pub. February 20, 2015) 234 Cal.App.4th 705, [184 Cal.Rptr.3d 163].)
