Portola Hills Community Assn. v. James

Opinion

CROSBY, Acting P. J.

Is a private restriction prohibiting a homeowner from installing a satellite dish in his yard unreasonable? In this case it is. Also, because the appeal from the judgment is frivolous, sanctions shall be assessed.

I

The parties stipulated to the following facts: Defendant John James is the owner of a lot in the planned community of Portola Hills. The Portola Hills Community Association enforces a comprehensive set of covenants, conditions and restrictions (CC&Rs). The CC&Rs “completely ban[] the use of satellite dishes in Portola Hills. [¶] 5. Separate architectural…