Property Keyed to Sprankling
Fountain Valley Chateau Blanc Homeowner’s Association v. Department of Veteran Affairs
Defendant, Robert Cunningham, bought a residence that was subject to protective covenants, conditions, and restrictions by the Fountain Valley Chateau Blanc Homeowner’s Association, Plaintiff. The protective covenants, conditions, and restrictions stated that the home owners had an obligation to maintain the interior of the residence clean and attractive, as well as giving the owners a right to decorate the interior of the house as they saw fit. Defendant purchased the residence with the assistance of the United States Department of Veteran Affairs, who had title to the land under a land-sale installment agreement. Thereafter, Plaintiff disputed the paper, appliances, and books that Defendant had in his residence, demanding Defendant to remove the property or be subject to litigation. Defendant moved some of the items, not all. Plaintiff filed suit against Defendant and the United States Department of Veteran Affairs. Fire and housing code inspectors went to the property and did not find any hazardous conditions on Defendant’s property. Yet, Plaintiff still sent Defendant a letter demanding him to clean the remaining paper, boxes, and books from the floor and bed and remove Defendant’s old clothes. Defendant filed a cross complaint against Plaintiff alleging Plaintiff committed trespass, negligence, and a breach of contract. Plaintiff’s complaint was subsequently settled. Under Defendant’s cross complaint, the jury found that Plaintiff acted unreasonably. However, the judge granted Plaintiff a new trial on the grounds that Plaintiff acted reasonably.
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