Court Says HOA Directors Can’t Grant Common Area Exclusive Use Without Member Approval

This case involved a dispute between a condominium homeowners association (“Association”) and the owners of six different units within the complex (“Owners”). The dispute pertained to a grant by Association of exclusive use of a small portion of the common area to one of the Owners.

During the period between 2002 and 2013, Association’s architectural review committee (“ARC”) allowed unit owners to add windows in the exterior walls of their units or to convert windows into doors. During that period, approximately 80% of the condominiums had been modified through this process by adding more than 90 windows and converting several windows to doors. Association’s members were never involved in a vote relative to the approval of any of those changes.

In 2013, a different unit owner obtained approval from the ARC for him to convert two windows into doors. One was on the ocean side of his unit, and the other was adjacent to a courtyard on the side of his unit. Owners filed suit against Association over its approval of the requested work, contending that the ARC’s approval of the conversion of the window adjacent to the courtyard to a door was improper because it amounted to granting the owner who had made the request, the exclusive use of a portion of the common area in violation of a California statutes (Civil Code §4600), which requires the approval of 67% of the members of Association to grant exclusive use of common area if a different percentage is not specified in the governing documents.

The trial court found: