Injunctive Relief

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Dog
Facts

The Spagenskis (“the Homeowners”) lived in a community in San Diego County with their German shepherd Kato.  The community was governed by Sunset Greens Homeowners Association (the “Association”) in accordance with a declaration of covenants, conditions, and restrictions (“CC&R’s”). From February 2019 to May 2019, Kato attacked three dogs in the community.  In the first incident, Kato injured a resident and her dog, and after the incident, Kato was placed in home quarantine by the Humane Society.  The Association ordered the Spagenskis to comply with the CC&R’s to ensure that Kato would be kept under control.  Three months later, Kato attacked two other dogs and other residents in the community.  One of the injured dogs died while undergoing surgery.  The Humane Society, once again, placed Kato in-home quarantine for another 10 days.  Following the second incident, the Association directed the Spagenskis to remove Kato from the community and filed suit, seeking injunctive relief for breaching the CC&R’s and nuisance clause.
Continue Reading Association’s Vested Discretion in Declaring an Aggressive Dog a Nuisance

Disgruntled Neighbors
Summary

The Court of Appeals of Washington held that a lot owner was barred from claiming ownership of a strip of land after representing that the land was part of the adjacent lot, building a fence along the supposed boundary, allowing the adjacent lot owner to maintain and landscape up to the fence, abandoning the land, and causing the adjacent lot owner to rely on that representation.
Continue Reading This Land Is My Land, this Land is Your Land – Owner Loses Ownership of Land After Denying It Was Part of His Lot

Apple vs. Pear

Harbour Island Condominium Owners Association, Inc. v. Alexander, No. B285755 (Cal. Ct. App. Jan. 24, 2019)

Summary

In Harbour Island, the Court of Appeals of California held that tenants renting a unit that was part of a condominium association did not have standing before the board concerning meeting attendance and fines imposed for violations. The association did not have to give the tenants an opportunity to be heard, unlike the rights of actual unit owners.
Continue Reading Tenants Due Process Rights are NOT the same as Owners Rights