Legal Opinion
Battram v. Emerald Bay Community Assn.
California Court of Appeal
Decided June 29, 1984No. Civ. 30469PublishedCited by 5 opinions
1Opinion of the Court
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 against the properties.
The CC&Rs prescribe these fees as a percentage of the assessed value of each property. Article XI of the CC&Rs requires assessed values be determined…
2Cases cited3 opinions
- County of Marin v. Assessment Appeals BoardCalifornia Court of Appeal · 1976
- Stadium Concessions, Inc. v. City of Los AngelesCalifornia Court of Appeal · 1976
- Howe v. American Baptist Homes of the West, Inc.California Court of Appeal · 1980
3Cited by5 opinions
- Ticor Title Insurance v. Rancho Santa Fe Ass'nCalifornia Court of Appeal · 1986
- Dieckmeyer v. Redevelopment AgencyCalifornia Court of Appeal · 2005
- Castillo v. Cleannet USA, Inc.District Court, N.D. California · 2018
- Cebular v. COOPER ARMS HOMEOWNERS ASS'NCalifornia Court of Appeal · 2006
- Cebular v. COOPER ARMS HOMEOWNERS ASS'NCalifornia Court of Appeal · 2006