Court Enjoins Owners’ Nuisance Activities on Their Property and Awards Neighbors $57,901.50 for Attorney’s Fees – Plus Additional Fees Incurred in Defending Frivolous Appeal

This case involved a dispute between neighboring property owners (Lot 5 and Lot 6) within a common interest community over the activities being conducted by the Lot 5 owners on their property. The community is governed by a homeowners’ association in which all of the properties are subject to CC&Rs that define the permissible activities and uses of properties within the community. The owners of Lot 5 engaged in activities on their property that included the “repair and maintenance of demolition derby cars and the storage of inoperable vehicles, ties, auto body parts, demolition derby cars, boats, construction equipment, trailers, containers with fluid, and piles of trash.” These activities on Lot 5 create noises “at all hours of the day, from early morning until late into the night, and included extremely lud revving of engines, idling vehicles, auto body and engine repair, construction work, and loud music.”

Disturbed by the activities on Lot 5, the Lot 6 owners, together with the homeowners’ association, sought to obtain the Lot 5 owners’ compliance with the CCC&Rs. After the Lot 5 owners did not respond to the requests for compliance, the Lot 6 owners filed suit against the Lot 5 owners alleging that the activities on Lot 5 constituted statutory and common law nuisance and also violated the CC&Rs governing the community.

The trial court found that the activities conducted by the Lot 5 owners violated: