Legal Question in Real Estate Law in California

Can an hoa probiting bicycle riding

Can a California (Chula Vista area) Home Owner's Asociation prohibit the use of bicycles within the confines of the development? The exact wording is that ''bicycles or other unregistered modes of transportation'' are not allowed in the development. They do not specify what OTHER means, yet they seem to allow tricycles, big wheels etc. I do not think the ruling is legal in itself, but they also seem have a policy of ''selective Enforcement.'' I have asked for the legal basis for the ruling but have not been provided any further information.


Asked on 4/16/03, 9:28 pm

1 Answer from Attorneys
Jason Hsu Una Law Corporation

Re: Can an hoa probiting bicycle riding

California Civil Code Section 1354, which is part of the Davis-Stirling Common Interest Development Act, states that covenants and restrictions appearing in the recorded declaration of a common interest development are "enforceable equitable servitudes, unless unreasonable."

The unreasonableness is something that a finder of fact would have to decide based on the given law.

The information provided to you is of a general nature. We hope this information has been helpful to you, but you should always obtain competent legal counsel who is familiar with your specific legal issues to determine the best course of action. If we can help you in the future with anything, please feel free to email or contact us at www.unalaw.com

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Answered on 4/16/03, 10:25 pm


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