Legal Question in Real Estate Law in California

Hi

my client is buying a property which has a CCR from 1989. The CCR states that no building can be erected other than a SFR. There are 2 shed in the property. The CCR had an architectural committee even though there is no HOA. The individuals who are the original members are probably no longer in the area. We do not know whether the committee still exists and who the members are. The CCR states that any owner of a home in that subdivision can litigate to enforce CCR. Would buyer be at risk at losing the sheds if they are buying this property ? Are they at risk being litigated by an angry neighbor ? Can such a CCR restriction be enforced ? even if the architetural committee no longer exists ?

Thank you


Asked on 8/18/22, 2:12 pm

1 Answer from Attorneys

There are too many unknowns in what you present to give you valid answers, starting with the text of the CC&R document, and including whether the sheds existed prior to 1989.

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Answered on 8/19/22, 11:43 am


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