Schwindt v. Omar CA4/3
Dr. Christina Schwindt lives in a Newport Beach community (the Bluffs) governed by a Homeowners Association (HOA). Schwindt’s next door neighbors, Ruhksana and Akbar Omar, built a room addition onto their home. The HOA’s Board of Directors (the Board) approved the room addition over Schwindt’s objection.
Schwindt sued the Omars alleging the room addition violated the Bluffs’ Covenants, Conditions, and Restrictions (CC&Rs). Schwindt alleged the addition was built in a prohibited patio area and it unreasonably interfered with her view. In an earlier bench trial, the court issued a mandatory injunction ordering the Omars to demolish their room addition and return their home to its original state. The Omars appealed.
This court reversed and remanded because the trial court’s statement of decision failed to address whether the room addition was built in a prohibited patio area and whether the court found the Board’s approval to be clearly arbitrary and capricious.
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