Court Says Owners’ Declaratory Relief Action Against Association is “Action to Enforce the CC&Rs” and Awards Owners Attorney’s Fees

This case involved a dispute between homeowners (“Owners”), their homeowners association and other property owners (collectively “Association”) over who had the responsibility for maintenance of a private gravel and dirt road that ran through the parties’ subdivision.

Over a period of years, Owners, at their own expense, used asphalt grindings, oiling, and other dust control methods to abate the dust on the stretch…