Bear Creek Master Ass'n v. S. Cal. Investors, Inc.

239 Cal. Rptr. 3d 547, 28 Cal. App. 5th 809
CourtCalifornia Court of Appeal, 5th District
DecidedOctober 19, 2018
DocketE066588
StatusPublished
Cited by10 cases

This text of 239 Cal. Rptr. 3d 547 (Bear Creek Master Ass'n v. S. Cal. Investors, Inc.) is published on Counsel Stack Legal Research, covering California Court of Appeal, 5th District primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Bear Creek Master Ass'n v. S. Cal. Investors, Inc., 239 Cal. Rptr. 3d 547, 28 Cal. App. 5th 809 (Cal. Ct. App. 2018).

Opinion

FIELDS, J.

*811I. INTRODUCTION

In this case, the parties dispute which of their recorded liens against a golf course property has priority. In 2013, defendant, cross-complainant, and respondent, Southern California Investors, Inc. (SCI), recorded a third deed of trust against the golf course property. In 2014, plaintiff, cross-defendant, and *812appellant, Bear Creek Master Association (BCMA), a homeowners association, recorded an assessment lien against the golf course property. The trial court entered judgment on the pleadings in favor of SCI after determining that SCI's third deed of trust had priority over BCMA's later-recorded assessment lien. BCMA appeals, claiming its assessment lien has priority.

BCMA owns and is responsible for maintaining the common areas within the Bear Creek Development, a common interest development in Murrieta. The golf course property is adjacent to but is not part of the Bear Creek Development. In 1984, the developer of the Bear Creek Development and the golf course property recorded a set of covenants, conditions, and restrictions governing the golf course property (the GCC & R's.) The GCC & R's granted BCMA the right to maintain the golf course property in accordance with the GCC & R's, if its owner failed to do so. To this end, the GCC & R's granted BCMA a "claim of lien" against the golf course property to secure certain costs that BCMA later incurred in maintaining the golf course property. After SCI recorded its third deed of trust in 2013, BCMA incurred costs in maintaining the golf course property and recorded its assessment lien.

BCMA claims its assessment lien was created by the GCC & R's and "relates back" to the 1984 recordation of the GCC & R's. ( Civ. Code, § 2884.)1 We disagree. According to the lien provisions of the GCC & R's, the assessment lien was neither created nor perfected until it was recorded in 2014. Nonetheless, we agree with BCMA's alternative claim that its assessment lien has priority over SCI's previously-recorded third deed of trust pursuant to the priority and subordination *550provisions of the GCC & R's, even though the assessment lien was recorded after SCI's third deed of trust was recorded.

II. FACTS AND PROCEDURE2

A. The GCC & R's Governing the Golf Course Property

As indicated, BCMA owns and is responsible for maintaining the common areas within the Bear Creek Development, a common interest development comprised of 620 single-family homes and townhomes in Murrieta. The golf course property is adjacent to but is not part of the Bear Creek Development. In the early 1980's, Bear Creek, Ltd. developed the Bear Creek Development and the golf course property. In February 1984, Bear Creek, Ltd. executed the GCC & R's, and the GCC & R's were recorded on March 2, 1984. Bear *813Creek, Ltd. sold the golf course property on March 2, 1984, and the grant deed for that original sale incorporated the GCC & R's.

The GCC & R's require the golf course property owner to maintain the golf course property "in a clean and attractive condition" and grant BCMA the right, but not the obligation, to enter upon the golf course property in order to remedy its owner's failure to maintain it. To these ends, the GCC & R's created a "claim of lien" against the golf course property in order to reimburse BCMA for certain future costs it incurred (including interest, collection costs, and attorney fees) in maintaining the golf course property in accordance with the GCC & R's.

Section 3 of article III3 of the GCC & R's states: "There is hereby created a claim of lien, with power of sale, on the Golf Course Property to secure payment to [BCMA] of any and all Assessments levied against any and all owners of the Golf Course Property pursuant to this Declaration, together with interest thereon as provided for in this Declaration, and all costs of collection which may be paid or incurred by the Association in connection therewith, including reasonable attorneys' fees. ... [¶] ... [¶] ... Upon such recordation of a duly executed original or copy of such a claim of lien, the lien claimed therein shall immediately attach and become effective in favor of the Association [BCMA] as a lien upon and against the Golf Course Property. ... Any such lien may be foreclosed by appropriate action in court or in the manner provided by the California Civil Code for the foreclosure of a deed of trust with power of sale ...."

Section 3 further provides that an assessment lien "shall have priority over all liens or claims created subsequent to the recordation of this Declaration [the GCC & R's] , except for tax liens for real property taxes and assessments in favor of any municipal or other governmental assessing unit and except for certain trust deeds as provided in Section 4 below." (Italics added.) Section 4 provides: "The lien for the Assessment provided for herein shall not be subordinate to the lien of any deed of trust or mortgage, except the lien of a first deed of trust or first mortgage ... (such deed of trust or mortgage being hereinafter referred to as a 'prior deed of trust')."4

*551*814B. The Covenants, Conditions, and Restrictions Governing the Bear Creek Development

The Bear Creek Development is governed by a "master" declaration of covenants conditions, and restrictions, recorded in 1982 (the BCC & R's). Like the GCC & R's, the BCC & R's provide that BCMA shall have the right, but not the obligation, to enter upon and maintain the golf course property in the event its owner fails to maintain it, and grants BCMA the right, but not the obligation, pursuant to the GCC & R's, "to levy assessments against the Golf Course Property for the payment of such maintenance." The BCC & R's provide: "Such assessments shall, pursuant to the [GCC & R's], become a lien against the Golf Course Property and shall have the priority and enforcement rights set forth in the [GCC & R's]." (Italics added.)

C. The Third Deed of Trust, Assessment Lien, and 2015 Foreclosure Sale

On September 12, 2013, when Bear Creek Partners LLC (BCP) owned the golf course property, SCI's third deed of trust, securing BCP's $350,000 promissory note to SCI, was recorded against the golf course property. On August 29, 2014, BCMA recorded a "Notice of Delinquent Assessment Lien" against the golf course property (the assessment lien). The assessment lien states it was being recorded in accordance with the GCC & R's and section 5675 of the Davis-Stirling Common Interest Development Act (the Davis-Stirling Act). (§§ 4000-6150.)

Notwithstanding the reference in BCMA's assessment lien to section 5675, the parties and we agree that the Davis-Stirling Act does not apply to the golf course property.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Dorian v. San Jose Towers CA6
California Court of Appeal, 2025
Finley v. Gantz CA4/1
California Court of Appeal, 2025
Bennett v. Stockton Singles CA3
California Court of Appeal, 2023
1351 Orizaba Avenue v. Nissani CA2/8
California Court of Appeal, 2022
Sujan v. Corona Regional Medical Center CA4/2
California Court of Appeal, 2021
One Ford Road Homeowners Assn. v. Johnson CA4/3
California Court of Appeal, 2020
Eisen v. Tavangarian
California Court of Appeal, 2019
Eisen v. Tavangarian
248 Cal. Rptr. 3d 744 (California Court of Appeals, 5th District, 2019)

Cite This Page — Counsel Stack

Bluebook (online)
239 Cal. Rptr. 3d 547, 28 Cal. App. 5th 809, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bear-creek-master-assn-v-s-cal-investors-inc-calctapp5d-2018.