Common Interest Developments
An Historical Overview of California Case Law
by Barbie L. Anderson*

Statistics show nearly six million Californians live in some type of common interest development, a figure that represents roughly twenty-percent of the state's population. Common interest developments governed by homeowners associations are the fastest-growing form of housing in the nation, with predictions that by the year 2000, one-third of all Americans will live in a development governed by a homeowners association.

This paper provides an historical overview of California common interest development case law in the areas of covenants, conditions and restrictions enforcement and notice, homeowner association negligence, homeowner fiduciary duty, and the legality of restricting public access to common interest developments. The main focus of the paper is the 1994 California Supreme Court case of Nahrstedt v. Lakeside Village Condominium Ass'n, its precursors and progeny. In addition, an appendix briefly describes other cases involving common interest development issues such as construction defect, homeowner association board of directors conflicts and procedural issues.

*Hastings College of the Law, Class of 1998