Market Lofts Community Assn. v. 9th St. Market Lof
In this appeal, plaintiff Market Lofts Community Association (HOA), “the homeowner’s association for the condominium owners at a mixed-use upscale development called Market Lofts,” (Market Lofts Community Assn. v. 9th Street Market Lofts, LLC (2014) 222 Cal.App.4th 924, 927 (Market Lofts)) challenges the summary judgment entered against it and in favor of defendants. As set forth in the HOA’s opening brief, the “linchpin” of this litigation is the Parking License Agreement (PLA) between 9th Street Market Lofts, LLC, and CIM/8th & Hope, LLC. According to the HOA, the PLA required 9th Street to assign to the HOA the right to fee-free parking in perpetuity. According to defendants, only 9th Street was granted fee-free parking during construction; 9th Street and CIM always intended to charge the homeowners for parking once the project was completed and units were sold.
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