Justices Back Man’s Right to Clutter Home

An elderly Fountain Valley man, ordered by a homeowners’ association to remove books and papers from his bed and discard old clothing in his home, scored a victory Wednesday in state Supreme Court.

The court denied review of a ruling that reinstated an Orange County jury’s verdict in favor of Robert S. Cunningham, who accused the association of violating his privacy. The case now goes to a new jury for a determination of damages.

Cunningham bought an attached home in a development where residents agree to be bound by the conditions of the Fountain Valley Chateau Blanc Homeowners’ Assn. Those included a requirement to keep walls, floors and fixtures “clean, sanitary and attractive.”

After complaints from neighbors and a roofing contractor about debris in Cunningham’s yard, the association ordered him in 1993 to clear his patio and allow an inspection of the interior for fire hazards.

Cunningham complied and removed some items from the house after the inspection, but he was sued by the association in March 1994 based on an allegation that junk and paper in and around the home were fire hazards. Even after housing code and fire inspectors found no hazards in May 1994, the association continued with its lawsuit and demanded a cleanup in February 1995.

Cunningham countersued, saying the association had violated its own rules and invaded his privacy.