Fill and Sign the Complaint for Declaratory Relief and Damages Form

-1- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 (Name, Address Of Party or attorney) _____________________________ _____________________________ _____________________________ State Bar No: __________________ (____) _____ - _________________ Attorney for _______ (Or "In Pro Per") SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF ________ PLAINTIFF(S) NAMES ) CASE NO.: _______ Plaintiffs ) ) v ) ) DEFENDANT(S) NAMES ) Defendants ) ) ---------------------------------------------------------------- COMPLAINT FOR DECLARATORY RELIEF AND DAMAGES Plaintiff complains and for causes of action alleges as follows: FIRST CAUSE O F ACTION (Declaratory relief) I. Plaintiffs __________ [names] are, and at all times relevant to this complaint were, owners of units in the condominium project known as __________ [name of condominium] (the Project). II. Defendant __________ [name of ass ociation] (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 -2- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 man agement body for the preservation, maintenance, architectural control and improvement of the common areas of the Project. III. Defendants __________ [names of directors] (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 associ ation'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 com plaint 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 __________ [date], the board of directors adopted a resolution to __________ [specify nature of action taken by resolution or other act of board of directors in violation of plaintiffs' rights]. VII. The action taken by the board of directors was unreasonable in that it caused __________ [state consequences of board of directors' resolution], depriving plaintiffs of the quiet and normal -3- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 enjoyment of their units. The action was unreasonable for the further reason that it deprived plaintiffs of the use of __________ [state any further consequences of resolution]. 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 cont roversy 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 __________ [state nature of service or other rights], and that association and directors have a duty to provide that __________ [service or right]. Association and directors contend that they do not have the duty alleged by plaintiffs, and that _________ [state action taken] is within their pow ers 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 judgme nt as set forth below. SECOND CAUSE OF ACTION (Breach of Fiduciary Duty) XII. -4- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 ________ [state acts or omissions for breach of fiduciary duty such as: acted to reduce the monthly assessme nts for the operation of the common areas]. 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 para graphs __________ 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 __________ [state declaration requested], and that defendants have a duty to __________ [state nature of duty demanded by plaintiffs to be declared by court]; For general and special damages according to proof; For reasonable attorney fees incurred herein; and -5- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 For such other and fur ther relief as may be just and proper. DATE: ____________________ ____________________ (Signature) 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 execut ed at , California. DATE: ____________________ ____________________ (Signature)