CV 100354, Margarita Villa HOA v. Margaret Koteen, filed 6/10/10

Plaintiff’s Attorney:  Kelton Lee Gibson

Verdict:  Order of Compliance                   Court Trial Dept. 9, Hon. Charles S. Crandell

Plaintiff, a 100-unit homeowners association, brought suit against one of its members who had replaced her unit’s black-aluminum framed windows and patio sliding glass door with three white vinyl-clad windows and a comparably colored slider.  Plaintiff alleged that the color change negatively affected the aesthetic harmony and distinct look of the complex.  Defendant, whose application for the changes had  been denied, then unsuccessfully attempted to amend the CC&R’s, and ultimately bought and installed the windows and door without  HOA or  board approval.  Defendant claimed selective and bad faith enforcement of the HOA policies, alleging prior exceptions were made for other homeowners.  Court found for HOA, holding that when living in a condo association with multiple homes and limited area, individuals must sacrifice their tastes and artistry for the greater good of the community.  Defendant was ordered to either remove the windows and door or to paint them a color that complies with the CC&R’s. Post-trial, court ordered recovery of Plaintiff's attorney's fees in the amount of $66,865.

For more information about this Verdict, feel free to use the “Contact” link.