Judge: Craig Griffin, Case: Clark-Williams v. Sevilla Homeowners Association, Date: 2022-09-12 Tentative Ruling

Defendants Sevilla Homeowners Association, Jason Hohalek, and Optimum Professional Property Management, Inc., demur generally to all three causes of action in the complaint of plaintiff Kimberly Clark-Williams, which are for breach of the CC&Rs, breach of the implied covenant of good faith and fair dealing, and negligence.

Defendants contend that the first cause of action is defective because, among other things, it does not specify what provisions in the CC&Rs were breached or how.  This argument is meritorious.  The introductory portion of the complaint alleges that subdivision (a) of Civil Code section 5205 obligates a HOA to permit a member or his or her representative to inspect and copy records and that the defendant HOA has failed to provide plaintiff with such records after she made requests.  (Complaint, ¶¶ 15-18.)

The first cause of action attempts to turn this purported failure to permit inspection into a claim for breach of the CC&Rs.  While it alleges that the CC&Rs are binding on defendants and plaintiffs, it never alleges that the CC&Rs obligate defendants to permit inspection and copying of records.  Therefore, this cause of action is defective. 

The second cause of action is defective for similar reasons.  While it alleges that plaintiff has “followed the CC&R rules, [b]y-laws, and governing policies with regard to her requests” that defendants comply with her requests to inspect and copy the documents (complaint, ¶ 26), there are no allegations that the CC&Rs, rules, by-laws, and policies require the HOA to provide the records for inspection and copying.

The third cause of action is for negligence.  It alleges that defendants owed plaintiff a duty of care to comply with the HOA CC&Rs, bylaws, and policies (complaint, ¶ 31) and that the defendants “each acted negligently by failing to comply with provisions of the governing documents affording homeowners the right to access HOA record” (complaint, ¶ 32).  Again, plaintiff is straining to make her allegations about the failure to comply with a statute into a claim for negligence.

The general demurrers of defendants Sevilla Homeowners Association, Jason Hohalek, and Optimum Professional Property Management, Inc., to all three causes of action in the complaint of plaintiff Kimberly Clark-Williams are SUSTAINED with 20 days’ leave to amend.

Moving parties to give notice.