Georg Lingenbrink, Trustee of the Petra Krismer Living Trust v. Del Rayo Estates Homeowners Association (California)
Del Rayo Estates Homeowners Association, the defendant in this case, is a nonprofit mutual benefit corporation that manages a common interest development in Rancho Santa Fe, California. Georg Lingenbrink, the Plaintiff, claimed to be the Trustee of the Petra Krismer Living Trust, which owns a residence in Del Rayo Estates and is a member of the HOA. The Plaintiff has owned or controlled the property since 1991.
This case arises out of Mr. Lingenbrink’s repeated demand that the HOA force another homeowner, Mr. Douglas Pardee, Sr., to trim and/or remove certain trees from his property because he contended those trees interfered with the view from his property in violation of the HOA’s Amended Declaration of Covenants, Conditions and Restrictions (“CC&Rs”). Mr. Pardee owns a home on property across the street and to the west of the Krismer residence and is also a member of the Del Rayo Homeowners Association. Seven different Board members repeatedly investigated Mr. Lingenbrink’s contentions over a period of fourteen years and ultimately came to the same conclusion that Mr. Pardee’s trees did not interfere with Mr. Lingenbrink’s view, and therefore there was no violation of the CC&Rs to be remedied.
Plaintiff sued the HOA because he disagreed with the HOA’s decision. Mr. Lingenbrink is entitled to enforce the CC&Rs against other members. Rather than bring an action against Mr. Pardee, however, Mr. Lingenbrink has taken the position that the HOA must force Mr. Pardee to trim or remove his trees. The HOA has declined to do so, however, because it has found – on multiple occasions after fully investigating the matter each time – that Mr. Pardee’s trees do not violate the CC&Rs.
After a four-day bench trial, and inspection of the view by the Judge, the Superior Court held that the trees interfere with the westerly view, and ordered the HOA to take action to require Mr. Pardee to trim
or remove the allegedly offending trees. The issue in this case is important because enforcement of architectural issues is subjective, and the court should defer to the Board of Directors, as long as the Board complies with the Business Judgment Rule.
Amicus Brief
Prior Rulings: Superior Court Decision
CAI Amicus Brief Author: Robert M. DeNichilo, Esq.
CAI Amicus Brief Review Committee: Robert Diamond, Esq. (VA), Chair of Amicus Committee, Gary Kessler (CA) Mary M. Howell, Esq. (CA) Richard S. Ekimoto, Esq. (HI).