The CC&Rs for Marquesa at Monarch Beach provided that all trees on a lot had to be trimmed so as not to exceed the roof of the house unless the tree did not obstruct views from other lots. The...

The CC&Rs for Marquesa at Monarch Beach provided that all trees on a lot had to be trimmed so as not to exceed the roof of the house unless the tree did not obstruct views from other lots. The provision further gave the determination of whether trees obstructed views to the sole judgment of the association’s architectural committee. The association’s board (including one member who had more than 20 palm trees on his lot) took the position that, because trimming a palm tree would effectively require its removal, the CC&R requirement did not apply to palm trees. The board refused to enforce the “view”provision of the CC&Rs against owners who had planted palm trees. Individual homeowners whose views were interfered with by several palm trees sued the association to force them to enforce the CC&R requirements. The trial court held that the homeowners’ association was exercising its discretion in exempting the palm trees. How do you think the appellate court ruled, and why? Eckstrom v. Marquesa at Monarch Beach Homeowners Association, 168 Cal. App. 4th 1111 (2008).