[ExitPurgamentum]

If the pool parties were disturbing the neighborhood then he had to act. It's a nuisance issue. The owners or their renters are not allowed to create a nuisance to do so is a clear breech of the CC&Rs.

Correct. But nuisances are created by parties of more than one person. You can tell visitors: "I am sorry, I cannot allow more than 20 persons at a time." That did not happen here.

Further, disturbance of peace is never handled by denial of access: it is handled by calling police. You react to the BEHAVIOR of people, not there mere presence. Or existence. Or the color of their skin.

[RGSpincich]

You react to the BEHAVIOR of people,

Besides the plaintiff, who says this is not the case? Looks like one court already sided with Baytree.

[rwa265]

"You can tell visitors: "I am sorry, I cannot allow more than 20 persons at a time." That did not happen here."

Go to the complaint linked in Post 208 by RGSpincich. You will see that it did happen here. The Plaitiffs were told the limit was 15 persons at a time, and they carefully observed that limit. According to the complaint, the Plaintiffs vacated the pool area by 7:30 p.m., and after everyone had left, the entire pool and gazebo area was cleaned up.