hoa disputes

Unit owners sued HOA and board for breach of fiduciary duty for levying improper and excessive fines against plaintiffs for conduct which defendants permitted other unit others to do.

Unit owners sued HOA for breach of the CC&Rs, violation of Civil Code section 4775, breach of fiduciary duty and negligence seeking declaratory and injunctive relief. Plaintiffs claimed water intrusion from common areas including the roof, balcony, windows, rain gutters, block walls and garage slab. The HOA contended it made repairs to common areas as needed, the roof was not leaking and some of the areas in question were plaintiffs’ responsibility, e.g. windows and balcony.

Plaintiff, a unit owner, leased her unit to tenants who complained that the upstairs owners were a nuisance, making loud noises at all times of the day and night, and vandalizing tenants’ vehicles. The HOA failed to take corrective action so plaintiff sued for failure to enforce the CC&Rs, breach of fiduciary duty and injunctive relief.

Plaintiff unit owner sued the HOA for its refusal to enforce the CC&Rs by allowing third parties to park in his two dedicated parking spots. Plaintiff also alleged HOA was selectively enforcing its requirement of sound proofing against him but not against other unit owners. Plaintiff claimed breach of fiduciary duty and breach of the implied covenant of good faith and fair dealing.