Ironwood Owners Assn IX v. Solomon

In Ironwood Owners Assn. IX v. Solomon (1986) 178 Cal.App.3d 766, a homeowners' association brought an action for injunctive and declaratory relief against member homeowners who had planted eight palm trees in violation of the association's CC&Rs. The Court of Appeal affirmed the trial court's declaratory conclusion that the homeowners were required under the CC&Rs to submit a plan proposing the addition of the trees. (Ironwood, supra, 178 Cal.App.3d at p. 771.) However, the Court of Appeal disagreed with the trial court's conclusion that Ironwood could enforce its CC&Rs by mandatory injunction compelling removal of the trees. The Court of Appeal concluded that several issues of material fact existed as to whether Ironwood followed its own procedures prior to insisting that the trees be removed. For example, there was no evidence showing any decision by the board of directors, no indication that the architectural committee ever met, and no indication of any findings by either the board or the architectural committee. (Id. at p. 773.) The mandatory injunction in Ironwood was in effect a "request to enforce an administrative decision on its part disapproving the palm trees" -- an administrative decision that had never been made by the association's board. (Ironwood, supra, 178 Cal.App.3d at p. 771.) "'The fact that the member homeowners did not obtain approval from the Architectural Control Committee was not even at issue.'" (Id. at p. 772.)