Burnett V. Zimmerman

BACKGROUND

The parties to this litigation are homeowners who live in a common interest development (development) that is governed by the Woodlyn Lane Improvement Association (WLIA, HOA, or Association) in the City of Bradbury (city). The development has been described as an affluent gated community of about 37 single family residences on parcels of at least two acres.

The parties live on a private road (Woodlyn Lane or road) that is controlled and maintained by the Association. In 1964, gates were installed at both ends of Woodlyn Lane where the private road merges with the public streets. After the gates were installed, only the west gate was used for general access purposes.

In 2007, the Association2 considered replacing the east gate with a motorized gate that residents could open by remote control (proposal or project). However, a dispute arose between those residents who want to use the east gate for general access and those who do not...