Schwindt v. Omar CA4/3
Christina Schwindt lives in a Newport Beach community governed by a Homeowners Association (HOA) and its Board of Directors (the Board). Schwindt’s next door neighbors, Ruhksana and Akbar Omar, built a room addition that extends into their patio area. The Board had approved the room addition over Schwindt’s objection.
Schwindt then sued the Omars. Schwindt claimed that under the community’s Covenants, Conditions, and Restrictions (CC&Rs), room additions cannot be built in patio areas, and that the Omar’s room addition unreasonably interferes with her view. Following a bench trial, the court ordered the Omars to demolish their room addition and return their home to its original state.
The Omars appeal. They argue that the Board’s approval of their addition should have been binding on the parties, unless the trial court found the Board’s approval to be clearly arbitrary and capricious. We agree. That is the correct standard; it is plainly stated in the CC&Rs. But
Comments on Schwindt v. Omar CA4/3