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Association Is Denied Injunction to Repair Leak

Discovery at Cortez Hill Homeowners Association v. Noble, No. D056397, Calif. App. Ct., September 29, 2010

Powers of the Association/Covenants Enforcement: A California appeals court overturned a trial court ruling that an association was entitled to a mandatory preliminary injunction to repair a plumbing leak in a residential unit because the association failed to show that it would suffer irreparable harm.

Frank Noble owns a unit in Discovery at Cortez Hill Condominium Homeowners Association in San Diego, Calif. The declaration gives the association the authority to enter residential units during reasonable hours after giving 48 hours prior notice, except in cases of emergency, for purposes of construction and maintenance.

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