Legal Opinion

Ekstrom v. Marquesa at Monarch Beach Homeowners Assn.

California Court of Appeal

Decided November 3, 2008No. G038537PublishedCited by 17 opinions

1Opinion of the Court

Opinion

O’LEARY, J.

Marquesa at Monarch Beach (Marquesa) is a common interest development governed by the Davis-Stirling Common Interest Development Act (Civ. Code, § 1350 et seq.). It is comprised of single-family homes in the Monarch Beach development of Dana Point, many of which have ocean and golf course views. The community is managed by the Marquesa at Monarch Beach Homeowners Association (the Association), which is governed by a board of directors (the Board), and is subject to a recorded declaration of conditions, covenants, and restrictions (CC&R’s).

Plaintiffs are individual homeowners…

2Cases cited15 opinions

  1. Nahrstedt v. Lakeside Village Condominium Assn.California Supreme Court · 1994
  2. Lamden v. La Jolla Shores Clubdominium Homeowners Ass'nCalifornia Supreme Court · 1999
  3. Salazar v. EastinCalifornia Supreme Court · 1995
  4. Stevens v. Owens-Corning Fiberglas Corp.California Court of Appeal · 1996
  5. Cohen v. Kite Hill Community Assn.California Court of Appeal · 1983

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3Cited by17 opinions

  1. Eisen v. Tavangarian, California Court of Appeal, 5th District2019
  2. Affan v. Portofino Cove Homeowners Assn.California Court of Appeal · 2010
  3. Bear Creek Planning Committee v. FerwerdaCalifornia Court of Appeal · 2011
  4. Palm Springs Villas II Homeowners Ass'n v. ParthCalifornia Court of Appeal · 2016
  5. Friars Village Homeowners Assn. v. Hansing CA4/1California Court of Appeal · 2013

12 more not listed; retrieve them via the Exa API.

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