No “Implied Permission” for RV Parking: HOA Can’t Waive CC&Rs Without a Formal Amendment

This case involved a dispute between homeowners (“Owners”) and their homeowners association (“Association”) over Association’s right to enforce a restriction contained in its CC&Rs that prohibited the parking of recreational vehicles (RVs) within the community.

Owners submitted an application to the Association for approval of a plan for the re-landscaping of Owners’ front and back yards and the installation of gates in their back yard. The fax cover sheet attached to their application indicated that Owners were adding the gates for parking a camping trailer, but the application itself did not mention parking a trailer on the property. Association’s board of directors approved the application and after Owners completed the work and parked a camping trailer on their property, the Association informed Owners that they were in violation of the CC&Rs restriction prohibiting the parking of RVs in the community. Thereafter, the Association sued Owners to enforce the restriction.

The trial court found in favor of: