The defendant homeowner’s association adopted a policy banning short-term rentals (29-days or less) of property within the association boundaries. The properties were within the coastal zone, were zoned in a manner that allowed short-term rentals and had traditionally been used for that purpose. Held, the trial court abused its discretion in denying plaintiff homeowner a preliminary injunction against implementation of the short-term rental ban. The ban changed the intensity of use of property within the coastal zone and so required a coastal development permit from the California Coastal Commission before it could be legally implemented.
California Court of Appeal, Second District, Division 6 (Yegan, Acting P.J.); March 27, 2018; 2018 WL 1477525