KELLY V. ST. DENIS HOMEOWNERS ASSOCIATION. (2021) [RESTRAINING ORDERS]

The Court of Appeal affirmed the trial court’s decision to grant a preliminary injunction that stopped the association from removing trees in a common area planter located outside plaintiff’s unit. The association sought to remove the trees in the common area planters because the planters were leaking and causing damage to the common area garage below and the cars and property located therein. Plaintiff sought the preliminary injunction, claiming the association was in breach of the CC&Rs because removal of the trees constituted a “capital improvement” and required a membership vote. She also claimed removal of the trees would cause a nuisance and she also alleged the board’s decisions to remove the trees were wrongfully conducted in executive session. The trial court found the planters were common area, that this was not a capital improvement, and that the association had the right and duty to maintain them. The court also found that the board had fulfilled the Lamden requirements as it acted consistent with the CC&Rs, pursuant to a reasonable investigation by employing arborists and water intrusion experts, in good faith and in the best interests of the members. However, the court determined that the interim harm (security and privacy concerns of the plaintiff) caused by allowing the trees to be removed outweighed the harm in not removing the trees. The court also determined that Lamden is not a defense to claims that the board violated the open meeting act, alleged by plaintiff, so plaintiff met the burden of showing a reasonable likelihood of prevailing on the merits of one of her causes of action of her multiple cause of action complaint.