top of page


Public·50 members


"Exhibit C" is a series of diagrams which both illustrate the type and dimensions of the fences which are approved for use in the project, and indicate where each fence may properly be located. Thus, "Sheet 1" of exhibit C (as amended) shows a solid slump block fence. The diagram specifies what type of block may be used, the dimensions of the blocks, and the maximum allowable height of the fence. This diagram is labeled "Slump Block Wall @ Sideyard Without View." "Sheet 2 "illustrates a second fence, this one consisting of a two-foot slump block foundation topped by a three-foot wrought iron bar section, for a total maximum height of five feet. Sheet 2 is labeled, "Slump Block & Wrought Iron Wall @ Rear & Sideyard W/View."


[1] It is a settled rule of law that homeowners' associations must exercise their authority to approve or disapprove an individual homeowner's construction or improvement plans in conformity with the declaration of covenants and restrictions, and in good faith. (Hannula v. Hacienda Homes (1949) 34 Cal. 2d 442, 447 [211 P.2d 302, 19 A.L.R.2d 1268]; Branwell v. Kuhle (1960) 183 Cal. App. 2d 767, 779 [183 Cal. Rptr. 767].) As the court in Hannula stated: "Each of the decisions enforcing like restrictions has held that the refusal to approve plans must be a reasonable determination made in good faith." (Hannula v. Hacienda Homes, supra, 34 Cal. 2d 442, 447.) The same requirement of good faith applies equally to the approval of plans. "The converse should likewise be true, ... '[T]he power to approve plans ... must not be exercised capriciously or arbitrarily.'" (Bramwell v. Kuhle, supra, 183 Cal. App. 2d 767, 779; see also Norris v. Phillips (Colo.App. 1981) 626 P.2d 717, 719.)

[3] Thus, it follows that the trial court must review the Association's decision approving the Ehles' fence to insure that it was neither arbitrary nor in violation of the restrictions contained in the Declaration. (See cases cited in Annot., 40 A.L.R.3d 864.) Moreover, where the matter is up for review on appeal from a judgment of dismissal upon the sustaining of a demurrer, the standard of review is the same, i.e., to test as a matter of law whether the action of the Association could have been arbitrary. In our view, the complaint has succeeded in pleading this possibility, and a trial is necessary to determine if the Association action was in fact arbitrary.

A nearly identical situation confronted the court in Norris v. Phillips, supra, 626 P.2d 717. Plaintiffs owned property adjacent to defendants' in a residential community. Despite plaintiffs' objections the architectural control committee approved defendants' plan to construct a barn on their property. Plaintiffs filed suit against their neighbors as well as against the committee seeking to enjoin construction, but the committee was dismissed from the suit and the dismissal was not appealed. Plaintiffs prevailed at trial. The Court of Appeal reversed, holding that the trial court had failed to apply the correct standard in measuring the committee's actions. "[T]he trial court's determination of a breach of covenant, without a determination that the Architectural Control Committee acted unreasonably or in bad faith, was in error." (Id, at p. 719.) Rather than remand for a determination using the proper standard of review, however, the Norris court reversed. They did so because the committee had earlier been dismissed. "In such a challenge, the Architectural Control Committee is an indispensable party. In that the architectural control committee was dismissed out of this suit and that dismissal has not been appealed, a remand for a determination that the committee acted unreasonably or in bad faith is not possible." (Id, at p. 719, fn. 1.) [142 Cal. App. 3d 654]

Similarly, plaintiffs' suit here turns on the good faith and lack of arbitrariness of the Committee's approval, assessed in the light of all of the provisions of the Declaration. It appears from the record that the fence in question was not in conformity with the provisions of the Declaration, particularly the provisions contained in exhibit C, inasmuch as the codefendants placed a solid stone fence on a sideyard with a view, whereas exhibit C clearly requires a wrought iron open fence. Although the Declaration vests "sole discretion" in the Committee and allows for reasonable variances, their decisions must be "in keeping with the general plan for the improvement and development of the Project," and of course, must be made in good faith and not be arbitrary. These are clearly questions of fact for a jury. Accordingly, the Association was a proper defendant in the action below, and dismissing it from the action was error.

The law has traditionally viewed with disfavor attempts to secure insulation from one's own negligence or wilful misconduct, and such provisions are strictly construed against the person relying on them, particularly where such person is their author. (Viotti v. Giomi (1964) 230 Cal. App. 2d 730, 739 [41 Cal. Rptr. 345]; Sproul v. Cuddy (1955) 131 Cal. App. 2d 85, 94-95 [280 P.2d 158]; Basin Oil Co. v. Baash-Ross Tool Co. (1954) 125 Cal. App. 2d 578, 594-597 [271 P.2d 122].) Here, the Association is the creation and successor of the author, S & S Construction Company, and therefore subject to this rule of strict construction.

  • Areas of ServiceAliso Viejo

  • Beverly Hills

  • Cardiff By The Sea

  • Calabasas

  • Carlsbad

  • Carmel

  • Corona del Mar

  • Coronado

  • Costa Mesa

  • Coto de Caza

  • Dana Point

  • Del Mar

  • Encinitas

  • Honolulu

  • Hermosa Beach

  • Huntington Beach

  • Irvine

  • La Jolla

  • Ladera Ranch

  • Laguna Beach

  • Laguna Niguel

  • Long Beach

  • Marina Del Rey

  • Malibu

  • Manhattan Beach

  • Monarch Beach

  • Newport Beach

  • Newport Coast

  • Oceanside

  • Pacific Palisades

  • Rancho Palos Verdes

  • Rancho Santa Fe

  • Redondo Beach

  • San Clemente

  • San Diego

  • San Francisco

  • San Juan Capistrano

  • Santa Barbara

  • Solana Beach

  • Laguna Niguel HomesSearch Laguna Niguel Homes For Sale

  • Laguna Niguel MapLaguna Niguel Map Search for Laguna Niguel Homes for Sale

  • Laguna Niguel RentalsLaguna Niguel Rentals - Rental Homes In Laguna Niguel

  • Laguna Niguel SalesLaguna Niguel Home Sold Search

  • Laguna Niguel ForeclosuresLaguna Niguel Forelcousres For Sale

  • Short Sale HomesLaguna Niguel Short Sale Homes For Sale

  • Laguna Niguel North NeighborhoodsCapri Homes - Laguna Niguel

  • Casa La Paz Homes - Laguna Niguel

  • Cornerstone Homes - Laguna Niguel

  • Costa Brava - Laguna Niguel

  • Crestview Homes - Laguna Niguel

  • Crown Royale - Laguna Niguel

  • Crown Valley Highlands II - Laguna

  • Del Prado Builder I - Laguna Niguel

  • Del Prado Builder II - Laguna Niguel

  • Del Prado Villas - Laguna Niguel

  • Expressions Homes - Laguna Niguel

  • Fieldstone Colection II - Laguna Niguel

  • Foothill Patio Homes - Laguna Niguel

  • Foothill Townhomes - Laguna Niguel

  • Glencove Homes - Laguna Niguel

  • Hillcrest Estates Homes - Laguna

  • Hillcrest Village Estates - Laguna Niguel

  • Jamaica Homes - Laguna Niguel

  • Kite Hill III Homes - Laguna Niguel

  • Kite Hill South - Laguna Niguel

  • Knolls Homes - Laguna Niguel

  • La Veta Homes - Laguna Niguel

  • Laguna Crest Estates - Laguna Niguel

  • Laguna Crest Homes I - Laguna Niguel

  • Laguna Crest Homes II - Laguna

  • Laguna Knolls Homes - Laguna Niguel

  • Lake Chateau Homes - Laguna Niguel

  • Lake Park Homes - Laguna Niguel

  • Mandevilla - Laguna Niguel

  • Marin Colony - Laguna Niguel

  • Mariposa - Laguna Niguel

  • Milano - Laguna Niguel

  • Mirador - Laguna Niguel

  • Niguel Vista Condos - Laguna Niguel

  • Northview - Laguna Niguel

  • Park Niguel - Laguna Niguel

  • San Joaquin Hills - Laguna Niguel

  • San Luis - Laguna Niguel

  • Sea Country Homes - Laguna Niguel

  • Serena Homes - Laguna Niguel

  • Somerset Homes - Laguna Niguel

  • Somerset Ridge Homes - Laguna Niguel

  • Sonterra - Laguna Niguel

  • Sunrise Homes - Laguna Niguel

  • Tampico Homes - Laguna Niguel

  • Tesoro - Laguna Niguel

  • Village Niguel Gardens I - Laguna

  • Village Niguel Gardens II - Laguna

  • Village Niguel Gardens III - Laguna

  • Village Niguel Heights - Laguna Niguel

  • Village Niguel Homes - Laguna Niguel

  • Village Niguel Terrace I - Laguna

  • Village Niguel Terrace II - Laguna

  • Village Niguel Vistas I Homes - Laguna

  • Westhill - Laguna Niguel

  • Windrose Homes - Laguna Niguel

I'm not sure when Solari Hill became "Kite Hill" but as a kid, myself and everyone who lived in the neighborhood, called it Solari, as in, I'm going to play army with some friends on Solari. I rode my bike down it and crashed because my new hand brakes wouldn't grip due to the wet grass, I kissed a girl on Solari, played Heats on Solari, and, yes, I flew kites there. In high school I drank my first beer up there, got high up there, rolled down it when I was tripping. I've probably walked up and down Solari 1000 times in my lifetime and I'm only 57. It just upsets me that the newbies to the neighborhood and people who didn't even grow up here changed the name without stopping to think of its history. From my understanding, Solari was a farmer who let his cattle graze there a couple hundred years ago. The name has history attached to it. What history does "Kite Hill" have? Next they'll change the name of Rocky Mountain or the Seward slide. It's just sad...

We use cookies and other tracking technologies to improve your browsing experience on our site, show personalized content and targeted ads, analyze site traffic, and understand where our audiences come from. To learn more or opt-out, read our Cookie Policy. Please also read our Privacy Notice and Terms of Use, which became effective December 20, 2019. 041b061a72


Welcome to the group! You can connect with other members, ge...
bottom of page