Adams Stirling PLC

         CASE LAW

The index on the left lists cases affecting community associations in California. For those with touch screens, use a short tap for a summary of the case and a double tap to view the case.

Below are cases listed by category. Currently, there are very few cases specific to commercial and industrial common interest developments.

Miriwa v. Miriwa Center COA (2019) Unpublished. This case upheld the Association’s passage of a rule establishing business hours for the commercial condominium owner to attempt to address issues concerning homeless people sleeping. urinating and defecating in the common areas.. The appellate court analyzed statutes in the commercial and industrial CID act pertaining to operating rules (Sections 6630 and 6632). It also cited to Lamden as to the board’s decisionmaking in adopting the rule.

S&V LLC v. Lowe's Home Centers, LLC (2019). Unlike covenants which restrain the alienation of real property, a condition which restricts land use is not subject to a reasonableness standard unless required in the contract itself.

Western Heritage v. Todd (2019). The CC&Rs required the association to carry fire insurance that named the association and owners as insured but prohibited individual members from obtaining their own fire insurance.  A fire in the condominium leased by defendants damaged other units. The association's carrier, Western Heritage, paid for the fire damage. It then filed a subrogation complaint against defendants, alleging the fire was caused by their negligence. The court decided Western was barred from subrogating against the defendants since they were implied insureds under the policy, even if negligent.

ASSISTANCE: Associations needing legal assistance can contact us.