Whispering Pine Owners v. Newport Pacific

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Filed 10/3/05 CERTIFIED FOR PUBLICATION COURT OF APPEAL, FOURTH APPELLATE DISTRICT DIVISION ONE STATE OF CALIFORNIA PROPERTY OWNERS OF WHISPERING PALMS, INC., D045150 (Super. Ct. No. GIN021442) Plaintiff and Appellant, v. ORDER DENYING PETITION FOR REHEARING AND MODIFICATION ORDER NEWPORT PACIFIC, INC., et al., [NO CHANGE IN JUDGMENT] Defendants and Respondents. THE COURT: On page 2, delete the paragraph beginning at line 17 and replace it with the following: Each of the subdivisions has its own CC&Rs. Since the late 1970s, the owners of the homes in Greens No. 1 have elected the members of the architectural committee that is responsible for the enforcement of the CC&Rs for their subdivision. By contrast, pursuant to the CC&Rs applicable to Greens Nos. 2 and 3, the Developer (or its predecessor-in-interest) appointed the original members of the architectural committees responsible for enforcing the CC&Rs for those subdivisions (the Architectural Committees). The Greens Nos. 2 and 3 CC&Rs authorize the members of the Architectural Committees to designate the successors for any members who die or resign and provide that the Developer's consent is required to amend the CC&Rs. The petition for rehearing is denied. [NO CHANGE IN JUDGMENT] NARES, Acting P. J. Copies to: All parties 2

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