Pedley v. San Marin Assn.

Filed 8/26/06 Pedley v. San Marin Assn. CA4/3

NOT TO BE PUBLISHED IN OFFICIAL REPORTS

California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b). This opinion has not been certified for publication or ordered published for purposes of rule 977.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FOURTH APPELLATE DISTRICT

DIVISION THREE

Appeal from an order of the Superior Court of Orange County, Charles Margines, Judge. Reversed and remanded with directions.

Songstad & Randall, William D. Coffee and Damon D. Eisenbrey, for Plaintiffs and Appellants.

Hickey & Petchul, David E. Hickey, Dirk E. Petchul, and J. Stuart Duncan, for Defendants and Respondents.

* * *

Plaintiffs Daniel and Linda Pedley appeal from an order denying their petition for a writ of mandate directing defendant San Marin Association (the Association) and its president, defendant Robert Clippinger, to certify an amendment to the Association's declaration of covenants, conditions and restrictions (CC&R's). The court found plaintiffs violated the Association's voting bylaws when they solicited written consents to the amendment from a majority of the membership.

The court erred. The CC&R's exempt amendments to that document from the voting bylaws, and allow the membership to approve an amendment simply by attaching their written consents to it. Thus, we reverse, and remand with directions to grant plaintiffs' petition.

FACTS

According to their verified petition, plaintiffs are Laguna Niguel residents and members of the Association, a common interest development homeowners association governed by its CC&R's and bylaws. Plaintiffs proposed an amendment to the CC&R's to ban common area landscaping that interferes with any member's scenic view. They alleged they â€