Grant. In 2002, Plaintiff Brown purchased a home in Montage at Mission Hills, a common interest development. At that time, the governing conditions, covenants, and restrictions (CC&Rs) did not restrict owners in the development from leasing their property for short periods of time. Plaintiff alleges that in or about 2017 the home owners’ association, Defendant here, proposed through its board of directors an amendment to the CC&Rs that would prohibit short-term rentals. Plaintiff objected to this amendment to Section 2.3 of the CC&Rs prohibiting rentals of fewer than 30 days, and now claims that she is entitled to declaratory relief. In her First Amended Complaint, Plaintiff prayed for the following: “For an order declaring that, under California Civil Code section 4740, Plaintiff’s right to rent her Property cannot be restricted for any period of time, and that Plaintiff is entitled to continue to rent her Property without restriction, limit, or prohibition, under the terms and condit
Hearing Date
October 08, 2019
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Grant. In 2002, Plaintiff Brown purchased a home in Montage at Mission Hills, a common interest development. At that time, the governing conditions, covenants, and restrictions (CC&Rs) did not restrict owners in the development from leasing their property for short periods of time. Plaintiff alleges that in or about 2017 the home owners’ association, Defendant here, proposed through its board of directors an amendment to the CC&Rs that would prohibit short-term rentals. Plaintiff objected to this amendment to Section 2.3 of the CC&Rs prohibiting rentals of fewer than 30 days, and now claims that she is entitled to declaratory relief. In her First Amended Complaint, Plaintiff prayed for the following: “For an order declaring that, under California Civil Code section 4740, Plaintiff’s right to rent her Property cannot be restricted for any period of time, and that Plaintiff is entitled to continue to rent her Property without restriction, limit, or prohibition, under the terms and condit