Complaint for Declaratory Relief and Damages

COMPLAINT FOR DECLARATORY RELIEF AND DAMAGES

State Bar No:

Attorney for (Or "In Pro Per")

COMPLAINT FOR DECLARATORY RELIEF AND DAMAGES

Plaintiff complains and for causes of action alleges as follows:

FIRST CAUSE OF ACTION

(Declaratory relief)

I.

Plaintiffs are, and at all times relevant to this complaint were, owners of units in the condominium project known as (the Project).

II.

Defendant (the association) is, and at all times relevant to this complaint was, a nonprofit corporation organized and existing under the laws of the State of California, and the Declaration of Covenants, Conditions and Restrictions binding on the project. A true and accurate copy of the Covenants, Conditions and Restrictions (the CC&Rs), and amendments to the CC&Rs, are attached to this complaint as Exhibit and are incorporated by this reference. The purpose of the association is to act as a management body for the preservation, maintenance, architectural control and improvement of the common areas of the Project.

III.

Defendants (directors), and each of them are, and at all times relevant to this complaint were, members of the board of directors of the association. Directors also each own units in the Project.

IV.

Pursuant to the association's Articles, Bylaws and Amendments to those documents, the powers of the association are to be exercised by and through its board of directors. A true and accurate copy of the Articles, Bylaws and Amendments to those documents are attached to this complaint as Exhibit and incorporated by this reference.

V.

At all times relevant to this complaint, the board of directors had a duty under Civil Code section 1365, to act in a reasonable manner in managing the common areas of the Project and in enforcing the CC&Rs.

VI.

On or about , the board of directors adopted a resolution to

VII.

The action taken by the board of directors was unreasonable in that it caused , depriving plaintiffs of the quiet and normal enjoyment of their units. The action was unreasonable for the further reason that it deprived plaintiffs of the use of

VIII.

The action was unreasonable for the further reason that it caused a substantial reduction in the fair market value of plaintiffs' units.

IX.

An actual controversy has arisen and now exists between plaintiffs on the one hand, and the association and directors on the other, concerning their respective rights and duties in that plaintiffs contend that they have a right to , and that association and directors have a duty to provide that . Association and directors contend that they do not have the duty alleged by plaintiffs, and that is within their powers and is appropriate.

X.

Plaintiffs desire a judicial determination of their rights and duties, and a declaration as to the validity of the actions of the association and directors.

XI.

A judicial declaration is necessary and appropriate at this time under the circumstances in order that plaintiffs may ascertain their rights as alleged. Plaintiffs will continue to suffer the above-described harm unless and until such declaration is made.

WHEREFORE, plaintiffs demand judgment as set forth below.

SECOND CAUSE OF ACTION

(Breach of Fiduciary Duty)

XII.

Plaintiffs incorporate paragraphs 1 through 11 by this reference as though fully set forth herein.

XIII.

Directors owed a fiduciary duty to plaintiffs not to exercise their powers to gain pecuniary benefit for themselves by causing plaintiffs harm.

XIV.

Directors, and each of them, breached that duty by directing that Plaintiffs are informed and believe and on that basis allege that directors, and each of them, took the action described in this paragraph for their own pecuniary benefit. Directors, and each of them, suffered no harm as a result of the action, but knew that it would cause harm to plaintiffs.

XV.

As a direct and proximate result of the breach of fiduciary duty described in paragraph 14 of this complaint, plaintiffs have been harmed as more fully set forth in paragraphs and of this complaint in an amount to be proven at trial.

WHEREFORE, plaintiffs demand judgment against defendants, and each of them, as follows:

• For a declaration that plaintiffs are entitled to ,
• and that defendants have a duty to ;
• For general and special damages according to proof;
• For reasonable attorney fees incurred herein; and
• For such other and further relief as may be just and proper.

VERIFICATION

I, am a in the above-entitled action. I have read the foregoing and know the contents thereof. The same is true of my own knowledge, except as to those matters which are therein alleged on information and belief, and as to those matters, I believe it to be true.

I declare under penalty of perjury that the foregoing is true and correct and that this declaration was executed at California.