Palos Verdes Homes Assn. v. Rodman

California Court of Appeal Jun 12, 1986 No. B012621Published

Before: Hastings

AI Brief

AI-generated · verify before citing

Holding. The court held that the Association's solar unit guidelines constitute reasonable restrictions under Civil Code section 714 because they allow for alternative solar systems of comparable cost and efficiency. The determination of whether such restrictions are reasonable is a question of fact supported by substantial evidence.

Issues

Whether the Association's solar unit guidelines violate Civil Code section 714 by effectively prohibiting or restricting the installation of solar energy systems.
Whether the trial court's finding that the guidelines are reasonable is supported by substantial evidence.

Disposition. affirmed

Quotations verified verbatim against the opinion

“The issue here is whether the Association’s Guidelines are a “reasonable restriction” on the installation of solar units, as required by section 714. This is a question of fact to be determined by the trier of fact.”

“The restrictions of the Palos Verdes Homes Association on solar energy systems installed by defendants are reasonable and met the standards set forth in California Civil Code, Section 714.”

Opinion

HASTINGS, J.

Defendant/appellant Stacey Rodman (Rodman) resides on the Palos Verdes Peninsula in an area governed by conditions, covenants and restrictions (CC&Rs) recorded by plaintiff/respondent Palos Verdes

[326]

Homes Association (the Association) on July 15, 1923. The CC&Rs include a provision which requires prior approval by the Association of plans and specifications for any works of improvement to be done on any of the “covered” properties.

Defendant/appellant Servamatic Solar Systems (Servamatic) contracted with Rodman to install a passive solar water hearing unit on the roof of the Rodman home. On March 20, 1983, Servamatic sought approval from the Association for this installation; approval was denied. On July 26, 1983, when the Association discovered that Servamatic had installed the system, it sent a letter to Rodman notifying him that his property was in a condition of noncompliance with the CC&Rs and enclosed a copy of its solar unit guidelines.

On August 15, 1983, the Association received a letter from Servamatic informing it that Servamatic had agreed to indemnify Rodman against all legal expenses incurred in defending his rights to solarize his home. Servamatic went on to cite portions of Government Code section 65850.5 and Civil Code section 714,

claiming these statutes precluded the Association from interfering with installation of solar energy systems.

[327]

On October 5, 1983, the Association filed its complaint for injunctive and declaratory relief against Rodman and Servamatic. Rodman answered; Servamatic answered and cross-complained. Its cross-complaint stated causes of action for interference with business and for injunctive and declaratory relief. All parties sought a judicial determination of their respective rights and obligations under section 714, quoted,

Palos Verdes Homes Assn. v. Rodman

AI Brief

HASTINGS, J.

More from California Court of Appeal

Related research

AI Brief