California Supreme Court

Nahrstedt v. Lakeside Village Condominium Ass'n, Inc.

Nahrstedt v. Lakeside Village Condominium Ass'n, Inc., 8 Cal. 4th 361, 33 Cal. Rptr. 2d 63, 878 P.2d 1275 (1994)

Treatment Good law
Decided Sep 2, 1994
Docket S029132
Verified May 19, 2026
Source Full opinion
Holding

Use restrictions in a condominium project's recorded declaration are presumptively reasonable and enforceable as equitable servitudes under former Civ. Code §1354 (now §5975). The reasonableness of a restriction is determined by reference to the development as a whole, not by reference to the objecting homeowner's specific circumstances. A restriction will be enforced unless the challenger shows it is arbitrary, imposes burdens substantially outweighing its benefits, or violates fundamental public policy. The case involved a homeowner keeping three cats in violation of a pet restriction; the court upheld enforcement.

Treatment Notes

Foundational California Supreme Court authority on enforceability of recorded CC&Rs. Codified in substance by Civ. Code §5975 and cited in thousands of subsequent California decisions involving HOA covenant enforcement.

Case record last verified May 19, 2026. This content is educational and informational. It does not constitute legal advice. Consult a licensed attorney in your state for legal guidance specific to your situation.
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