The 2nd District Court of Appeal in California reversed the decision of a lower court judge in a request for an injunction against Mandalay Shores Community Association. A couple requested the injunction against a rule imposing a 30-day minimum rental period for properties in Oxnard Shores. At issue is whether the HOA followed regulations before imposing such rules in a coastal area.
According to the appeals court, Mandalay Shores failed to get the proper permit from the California Coastal Commission. This was found to be in violation of the California Coastal Act of 1976. The court noted that the goal of the legislation was to allow the public to use the beach as much as possible. Although the ruling noted that no physical barrier to the beach was imposed by the HOA, a monetary one was created instead.
An attorney for the couple says that he believes the preliminary injunction would be made permanent. This could be done by a summary judgment, and the couple could resolve its dispute with the HOA before this occurs. A property owned by the plaintiffs had been available for rentals since 2015, and short-term rentals have become more common as more sites online have started making them available.
Those who are in an HOA dispute may benefit by resolving the matter outside of court. Doing so could take care of the problem without straining relationships. However, if necessary, an attorney could file a lawsuit if settlement talks break down and leave the matter in the hands of a judge.