Highland Property Owners v. Gaskin
Appellants Donald Ray and Mary Joan Gaskin, trustees of the Gaskin Family Living Trust (Gaskins), own property in a common-interest developed community known as the Juniper Highlands. The property was purchased in December 2001. In 2004, a dispute arose between the Gaskins and respondent, The Highlands Property Owners, Inc. (Association), over use of the Gaskin property. According to the Association, the Gaskins violated the controlling covenants, conditions, and restrictions (CC&Rs) recorded on June 19, 1991, by (1) installing a gate across their driveway in a position other than the one approved by the Associations architecture committee; (2) installing a corrugated metal roof without prior approval; (3) storing personal items on their property in full view of other property owners; (4) constructing a nonfunctioning outhouse, as yard art, without prior approval; (5) placing both the outhouse and the gate in violation of setback requirements; and (6) parking vehicles within the private roadway of the development, creating a nuisance. The Gaskins were asked by the Association to address these issues and bring their property into compliance with the CC&Rs. Offended by the Associations position and claiming discriminatory harassment, the Gaskins filed a complaint against the Association, alleging claims of negligent and intentional infliction of emotional distress, invasion of privacy, defamation, and fraud (case No. S-1500-CV-255041). By the time of trial, the only remaining causes of action were negligent infliction of emotional distress and fraud. The judgment is affirmed.
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