Starlight Ridge S. Homeowners Ass'n v. Hunter-Bloor, No. E046457

In a case involving covenants, condition and restrictions (CC&Rs), trial court's judgment granting homeowner's motion for summary judgment is reversed where, while the plain language of the CC&Rs could support either of the proffered interpretations, the circumstances of the creation of the CC&Rs indicate that general responsibility for landscape is assigned to the Association, but specifically provide that individual property owners will be responsible for drainage facilities and here, the homeowner cannot avoid that responsibility solely because the V-ditch on her property happens to also coincide with the landscape maintenance area. 

Read Starlight Ridge S. Homeowners Ass'n v. Hunter-Bloor, No. E046457

Appellate Information

Filed September 3, 2009

Judges

Opinion by Judge Miller

Counsel

For Appellant:  Fiore, Racobs & Powers, Peter E. Racobs and Jesse W.J. Male 

For Respondent:  Stephanie K. Hunter-Bloor, Law Office of John Scott Carter.