Legal Question in Real Estate Law in California

CC&R's implented for community without them.

My community currently has no or CC&R's. They now want to implement these in order to define who a property owner leases their property to. They want no vacation rentals, even if 30 days or more.

Can they institute CC&R's without the agreement of each property owner?


Asked on 7/16/07, 7:16 pm

3 Answers from Attorneys

Scott Linden Scott H. Linden, Esq.

Re: CC&R's implented for community without them.

It would depend on what was signed when you first purchased your home. Generally, to have CCR you first need a non-profit board that is elected by all the home-owners. This board would have the power to create and enforce CCR's. However, this must have been agreed to at the time of purchase.

Be sure to check your records to see what you signed (I know there are a lot of documents, but it is very important to find.) Alternatively, you could just ask the "new board" for a copy of what authorizes them to create a board and CCR's.

If you need assistance and the property is located in Southern California, or at least you are, please feel free to contact me at my office (number provided by LawGuru) or through one of our firm's websites such as No-Probate.com.

Scott

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Answered on 7/16/07, 7:32 pm
OCEAN BEACH ASSOCIATES OCEAN BEACH ASSOCIATES

Re: CC&R's implented for community without them.

Everything may be challenged. Contact me directly.

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Answered on 7/16/07, 7:43 pm
Bryan Becker Stutz Artiano Shinoff & Holtz

Re: CC&R's implented for community without them.

Without knowing how your community was set up (this would be located in your purchase documents) it would be hard to give you a complete answer. However, if there are currently no CC&R's you have multiple options to challenege the attempt to create the creation of a set of binding CC&R's.

I would be willing to discuss some of the issues concerning your case to see if I may be of assistance.

I offer prospective clients a free initial consultation.

I look forward to speaking with you.

Yours truly,

Bryan

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Answered on 7/17/07, 12:48 pm


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