Calemine v. Jared Court Homeowenrs Assn.
Plaintiffs and appellants Larry and Camille Calemine appeal from a judgment entered in favor of defendant and respondent the Jared Court Homeowners Association, Inc. (HOA) following a bench trial on appellants seeking to compel the HOA to make repairs to the common area so as to prevent water intrusion and flooding into the lower level of appellants condominium. Applying the rule of judicial deference articulated in Lamden v.La Jolla Shores Clubdominium Homeowners Assn. (1999) 21 Cal.4th 249 (Lamden), the trial court ruled that appellants failed to meet their burden to establish any right to enjoin the reasonable and good faith decision made by the HOA Board of Directors (HOA board) regarding further water intrusion repairs. Court affirm.
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