What standard of review applies to a finding that a community association board's failure to enforce a pet restriction in an arbitrary or capricious manner?

California, United States of America


The following excerpt is from Palms v. Tempkin, D065232 (Cal. App. 2015):

5. Tempkin does not address what standard of review applies to the trial court's determination that the board did not enforce the pet restriction in an arbitrary or capricious manner, and did not treat Tempkin differently. Citing this court's decision in City of Oceanside v. McKenna (1989) 215 Cal.App.3d 1420, he asserts generally that the issue of "reasonableness" is a legal determination. But the reasonableness of a restriction in CC&Rs is a different question than the reasonableness of a community association board's enforcement actions against homeowners. City of Oceanside involved a city's motion for summary judgment concerning the reasonableness of a restriction in a publicly subsidized condominium project prohibiting an owner from renting or leasing his unit. (Id. at p. 1422.) In that context, and responding to the appellant's contention that summary judgment was error because the issue of reasonableness presented a triable issue of fact, this court held that the issue of reasonableness of the restriction in the CC&Rs "is not a factual one, but a legal one." (Id. at p. 1424.)

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