Discovery at Cortez Hill HOA v. Noble
Appellant Frank Noble appeals from an order granting a preliminary injunction in favor of his homeowners association, respondent Discovery at Cortez Hill Homeowners Association (Association). The injunction requires Noble to grant Association access to his condominium unit to inspect and, if appropriate, make repairs to cure a plumbing problem that caused mold and water damage within an Association common area. On appeal, Noble challenges the preliminary injunction on grounds Association's request to inspect and repair his unit abridges his right of privacy, the injunction is contrary to Association's "Amended Declaration of Covenants, Conditions and Restrictions" (CC&Rs, or at times Declaration), the trial court erred by considering certain inadmissible evidence, and Association did not clearly establish by verified complaint a violation of the CC&Rs or any irreparable injury sufficient to warrant a mandatory preliminary injunction.
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