Legal Question in Civil Litigation in California

sub-association vs. master association breach of contract

I Chair the Architectural Review Committee for a master association of 624 homeowner members. The CC&Rs clearly impower the ARC with control of exterior paint colors of sub-associations within our PUD. Recently, a sub-association (comprised of 40 members) formally submitted and was given permission to paint their structures with specific colors and schedule. They breached the agreement by painting different than their approved submission. To avoid the cost of a conventional law suit or binding arbitration, can the ARC sue this sub-association in a California small claims court for ''Breach of Contract''? We are not asking for money, only compliance with their agreement. Some details: about 15% into painting, the ARC inspected and determined they were violating their agreement. We formally notified them that they were in breach and requested that they stop painting immediately until the matter could be resolved. The sub-association board of directors refused to stop painting and proceeded to finish. We documented every step of the process. The facts are not disputed. Thank you for your help.


Asked on 5/30/03, 6:38 pm

3 Answers from Attorneys

Alvin Tenner Law Office of Alvin G. Tenner

Re: sub-association vs. master association breach of contract

You will have to repaint the area and then sue. You can only use small claims for money damages.

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Answered on 5/31/03, 3:54 pm
Ken Koenen Koenen & Tokunaga, P.C.

Re: sub-association vs. master association breach of contract

Small claims court is for monatary damage only. Since they have already done the work, it sounds as if you will be required to re-paint, and then charge them.

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Answered on 5/30/03, 6:56 pm
Larry Rothman Larry Rothman & Associates

Re: sub-association vs. master association breach of contract

I have been on vacation so as to the delay in contacting you. Please contact me (Larry Rothman) at my office today for free consultation should your questions not be answered to date.

My phone number is 714 363 0220.

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Answered on 6/09/03, 10:01 am


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