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News & Press: Court Cases

Covenants, Conditions & Restrictions

Tuesday, January 15, 2019  
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Eith v. Ketelhut
Cal.App. 2nd Dist. (B272028) 12/17/18

The CC&R's affecting defendants' residential property prohibited "any business or commercial activity." The court held that the homeowners association board acted within its discretion in allowing the continued operation of the vineyard, and its decision is entitled to judicial deference. The court further concluded that, as a matter of law, it is not a prohibited business or commercial use because it does not affect the community's residential character.


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