Legal Question in Business Law in California
Can Homeowner Assoc. override a court judgment?
In a 1993 court judgment between the Owner and the Assoc., the judge stated that expenses related to the upkeep of the airport can't exceed what's required to maintain it at the quality level which existed at the time (chip & seal) of purchase by the Owner. In a majority vote, the Assoc. agreed to improve the runway by asphalting it with the consent of the Owner. Asphalt is more expensive than chip & seal. Also, the higher annual maintenance fees appear to be prohibited under this court judgment.
Can the Homeowner Assoc. override/ignore such a court judgment?
What happens to the judge's original directives when both parties ignore them? Can the Owner fall back on them in the future?
2 Answers from Attorneys
Re: Can Homeowner Assoc. override a court judgment?
A court order is enforceable by the parties of interest to the order; enforcement can be taken by applying to the court for a contempt of the party breaking the order. I'd have to know more about the situation before I could comment further.
Re: Can Homeowner Assoc. override a court judgment?
Things judges put in their decisions can fall into different categories, which affect future applicability and enforcement. For example:
A money judgment, or its near equivalent, is typically good for ten years, and can be renewed.
A judgment interpreting a statute is generally good as long as the statute is on the books, or until overruled by a contrary appellate decision.
A decree granting a permanent injunction is good until someone has the injunction dissolved.
A judgment declaring rights and duties under a contract may be valid and meaningful until the contract is fully executed and no performance under the contract remains to be rendered, but this depends upon the specific contract provision in question.
And so on.........
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