California Supreme Court Watch

Jul 31, 2019
#19-68 Orchard Estate Homes, Inc. v. Orchard Homeowner Alliance, S255031.

#19-68 Orchard Estate Homes, Inc. v. Orchard Homeowner Alliance, S255031. (E068064; 32 Cal.App.5th 471; Riverside County Superior Court; PSC1700644.) Petition for review after the Court of Appeal affirmed the judgment in a civil action. This case presents issues relating to the requirements of Civil Code section 4275 for a petition to reduce the votes required to pass an amendment to a homeowners association’s covenants, conditions, and restrictions.

Review granted: 06/19/2019

Status Update: 06/28/2019:  Review was granted in this matter on June 19, 2019. The issue to be briefed and argued is: When a trial court rules on a petition to reduce the votes required to pass an amendment to a homeowners association’s covenants, conditions, and restrictions, what, if any, role should voter non-participation play in the court’s decision?” (See Cal. Rules of Court, rule 8.516(a)(1).)

See the Court of Appeal Opinion.