ALA LOSeS APPEAL! But IT's NOT OVER YET.
- Four Judges have now affirmed our view
- Now we prepare for trial
In February 2024, the California Court of Appeal Fourth Apellate District Division Three unanimously affirmed the Superior Court's order granting a preliminary injunction. In short, we won and the ALA lost their senseless appeal.
The Court concluded: "We agree the Association’s membership rule cannot be construed as a reasonable regulation to promote the safety, health, comfort, and convenience of property owners enjoying the Lake. Plaintiffs therefore have demonstrated a probability of prevailing on claims based on a breach of the 1964 Agreement resulting from the Association’s exclusion of property owners who are not Association members from access to the Lake and reserve strips.'"
You can find more on the Appellate Court's ruling HERE.
What This Means
We feel empowered by the Appellate Court's decision. There is no doubt in our minds that the Arrowhead Lake Association has violated the 1964 Agreement on a number of fronts. Now we will pursue our other claims as listed in our case filings, including but not limited to discrimination, harassment, and retaliation.
What You Can Do Now
The fight will continue as we prepare for discovery and trial, but the cost is substantial. Please consider contributing and supporting the three plaintiffs bearing the financial and emotional burden of this legal fight on behalf of all of the Arrowhead Woods property owners.
Please get involved at all levels:
1. Educate yourself using the history and relevant documents below, as well as FAQs.
2. Make your voices and opinions heard, and offer solutions to problems rather than just arguments to those who oppose your view.
3. Help to continue the fight against the blatant overreach and taking of rights from Arrowhead Woods homeowners by contributing to this cause.
4. Above all, be a good neighbor and communicate with your neighboring property owners.
If you have more questions please do not hesitate to call 909-279–0606 or email arrowheadcommunityfirst@gmail.com.
2020: ALA bans STR guests from the lake with bylaw amendment, and refuses to enter discussions with those opposed
July 2021: Arrowhead Woods property owners file lawsuit filed against ALA, challenging the bylaw as a violation of the 1964 Agreement, and file for injunction
January 2022: Superior Court Judge grants injunction against the ALA ban (big win)
October 2022: Outgoing ALA Board appeal the injunction
February 2024: 3 Appellate Court Judges unanimously rule against ALA (big win)
Current score
Plaintiffs: 4 Judges in favor
ALA: 0
In 1964, a legal settlement was reached for all 10,000+ Arrowhead Woods property owners and the predecessor of the Arrowhead Lake Association (ALA), this legal settlement and agreement is clear and simply states and reserves rights for Arrowhead Woods owners:
“The right for themselves, their lessees and house guests to use the Lake for reasonable recreational purposes, including but not limited to . . . fishing, swimming and bathing, but not for business or commercial purposes, and subject to the rights expressed in paragraph 6 of this instrument. and the right in Development Co. and Service Co. or either of them to promulgate and enforce reasonable regulations designed to promote the safety, health .. comfort and convenience of persons in or upon the Lake or in the vicinity thereof with respect to the conduct of such activities." (1964 agreement)
For almost 60 years property owners have been enjoying these rights, for the most part peacefully. That is until the year 2020 when the ALA and a group of activist board members and vigilante volunteers decided to use the Arrowhead Lake Association and its money to target a group of Arrowhead Woods owners (those who happen to lease their cabins as vacation rentals) and try to BAN them outright from enjoying their rights that are guaranteed and plainly spelled out in that 1964 settlement agreement. That ban was accomplished by means of a craftily engineered wording that involved an “All or Nothing” vote of only ALA members to achieve a desired vote outcome (to BAN all 10,000 or so Arrowhead Woods property owners from enjoying their rights as they had done so for nearly 60 years.)
For the better part of the last four years you have been hearing horror stories and trumped up scenarios of why the end of the world was coming to Arrowhead and how the lake would become public. Nothing can be further from the truth, but these are the tactics of those vocal and vigilante members who have decided to “fight to the bitter end” and “use every last dollar of the ALA” to fight this lawsuit. These activists were and are only using the ALA and the members’ money to achieve their personal version of Utopia in the mountain (NO rental cabins at all), not to mention strip approximately 10,000 owners of their long-standing property rights.
RECENT EVENTS
It became very apparent - that the ALA and its activist Board did NOT want to hear anything other than their own viewpoint on the taking of these rights. This was evidenced by the ejecting and silencing of members from meetings for voicing their thoughts, opinions and suggestions and refusing to engage in any discussions at all on how to solve the issues at hand.
Some property owners banded together and decided that ALA would only listen if a legal challenge was waged and they decided to do so. A lawsuit was filed in San Bernardino County and a rare injunction was issued against the ALA and its “ban”.
In Late 2022 a last ditch effort by some of the outgoing activist board members (many of whom have been recently voted out by the membership) filed an appeal to the injunction, further wasting membership money, time and resources on this blatant overreach of ALA duties and obligations to the membership and Arrowhead Woods.
The November 2023 appeal hearing stream is at this LINK.
The February 2024 appeal decision in favor of the platintiffs is at this LINK.
REMINDER
Remember, the ALA is a social club NOT an HOA but they do owe an obligation to all Members as well as all of the Arrowhead Woods property owners, not just a subset of them, as successors in interest to the 1964 Agreement.
Maintain Arrowhead Woods century-long history as a vacation community
Protect Arrowhead Woods property rights granted under the 1964 Agreement
Rebuild a sense of community cooperation and collaboration within Lake Arrowhead
* Transparency commitment -All contributions are used solely for paying legal expenses incurred and payments are made directly to retained firm to pay down invoices received by plaintiffs.
We retain full accounting details and records relating contributions and legal expenses as well as payments made. We do not disclose contributor names or personal information. If you are a contributor and have questions please contact us immediately. Contributions can be made by check, credit card or other methods upon request. Credit card donations will incur a STANDARD CREDIT CARD TRANSACTION fee imposed by the processing company.
We use cookies to analyze website traffic and optimize your website experience. By accepting our use of cookies, your data will be aggregated with all other user data.