Legal Question in Real Estate Law in California
CC & R's - Enforceable if not signed?
I have lived in my neighborhood since 1995. I recently received a letter from a neighbor who says that they are in charge of enforcing the CC&R for our neighborhood (form letter). We never signed a CC & R when we purchased the home, but she says that doesn't matter, that we are still bound to it, even if we weren't made aware of it at the time of purchase. She has retained a lawyer to file suit against some of my neighbors who also did not sign a CC & R and have painted their homes against the alleged regulations.
My question, am I bound to something I had no knowledge of, and did not sign?
3 Answers from Attorneys
Re: CC & R's - Enforceable if not signed?
Some CC&Rs are purely contractual and bind only the parties who sign them. Others "run with the land" and apply to any owner of the real property whether or not they signed them or were even in fact aware of them. Generally, covenants that run with the land must "touch and affect" the land and must be recorded. They would show up on a careful title search. Since the other party has retained a lawyer, you must assume (for now) that the covenants WILL apply to you; only a lawyer with a full understanding of CC&Rs and after doing some local research at the recorder's office can tell you for sure.
Re: CC & R's - Enforceable if not signed?
When you purchased the home, the title company involved would be required to provide you with a copy of the cc&r's that were recorded against your property. You should find your closing papers, and go through them carefully. If there are none there, then the title company could be liable to you if they did not discover them during the title search.
Re: CC & R's - Enforceable if not signed?
You need to see an attorney to review all information you have. You need to look at your title policy and all papers received when bought home for such document or info re same. If title search did not find and then disclose cc&r's, they may have responsibility and/or liability of some kind. Call to discuss if you wish.
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