Cerro de Alcala Homeowners Ass'n v. Burns

*Supp. 3Opinion

HAMRICK, Acting P. J.

The plaintiff appeals from a municipal court judgment holding that the defendant, a condominium owner who is a member of the homeowners association and who has accepted the covenants, conditions and restrictions pertaining to his condominium has no personal liability for his share of maintenance assessments levied by the association after he vacates his condominium.

Facts of the Case

On November 29, 1974, a declaration of covenants, conditions and restrictions (CC&Rs) of Cerro de Alcala was filed in the county recorder’s office for the County of San Diego. On…