Legal Opinion
Mission Shores Assn. v. Pheil
California Court of Appeal
Decided September 5, 2008No. E043932PublishedCited by 5 opinions
1Opinion of the Court
Opinion
HOLLENHORST, J.
David Pheil (Pheil) appeals a trial court order that reduced the percentage of votes necessary to amend the Mission Shores Association’s (the Association) declaration of covenants, conditions and restrictions (CC&R’s). (Civ. Code, § 1356.) Pheil challenges the order on the grounds the trial court erred in finding that (1) the amendment was reasonable (§ 1356, subd. (c)(5)); (2) the balloting conformed to the CC&R’s (§ 1356, subd. (c)(2)); and (3) there was no impairment to the security interest of mortgagees (§ 1356, subd. (e)(3)). We affirm the order.
I. PROCEDURAL…
2Cases cited5 opinions
- Frances T. v. Village Green Owners Assn.California Supreme Court · 1986
- Fourth La Costa Condominium Owners Ass'n v. SeithCalifornia Court of Appeal · 2008
- City of Oceanside v. McKennaCalifornia Court of Appeal · 1989
- Blue Lagoon Community Assn. v. MitchellCalifornia Court of Appeal · 1997
- Peak Investments v. South Peak Homeowners Ass'nCalifornia Court of Appeal · 2006
3Cited by5 opinions
- Houston v. Wilson Mesa Ranch Homeowners Association, IncColorado Court of Appeals · 2015
- Quail Lakes Owners Ass'n v. KozinaCalifornia Court of Appeal · 2012
- Orchard Estate Homes, Inc. v. Orchard Homeowner Alliance, California Court of Appeal, 5th District2019
- Craig Zgabay and Tammy Zgabay v. NBRC Property Owners Association, Texas Court of Appeals, 3rd District (Austin)2015
- Orchard Estate Homes v. Orchard Homeowners AllianceCalifornia Court of Appeal · 2019