Legal Question in Real Estate Law in California

CC&R Question

I live in a rural area of California and have four neighbors. Twenty years ago the original owner who subdivded the area created CC&R's and filed them legally with the county. Obviously they thought the area would build up and all the lots would have homes on them (which would have been 18). As far as I know there was never any elections, amendments, minutes or meetings until five years ago when I moved here and one of the neighbors decided to bring things up to date. We elected that neighbor president, his wife secretary, and one of the other neighbors treasurer. My question is this: Since that time (five years ago) there have been no meetings or elections contrary to the bylaws which state elections are to happen each year and any amendments are to be file with the county. Also all four of us have been in violation of the cc&r's at some point with no action taken. We have all faithfully paid the annual ''road maintenance fee''. Are the cc&r's enforcable at this time? Would we need to have another meeting to ''bring things up to date'' in order to enforce them? Personally, I don't want cc&r's so I--name removed--hoping they are now void. Sorry to be so long winded here - any help will be appreciated


Asked on 10/19/07, 1:36 am

2 Answers from Attorneys
Marcia S Wertenberger Marcia S. Wertenberger, Esq.

Re: CC&R Question

Sounds like you may be mixing up the CC&Rs with a Homeowners Association based on the creation of a planned unit development? Which are you talking about here? - It is confusing as you mention bylaws and payments but then say there is no HO entity that has been acting. Please clarify your question as you can have a set of CC&Rs that apply to the property but have no formed HO association. What is the the document that creates a HO association or is it just in the deed? and who exactly do you pay the road maintenance fee to? Please clarify and resubmit

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Answered on 10/19/07, 12:19 pm
Ryan P. McClure The Law Offices of Ryan P. McClure

Re: CC&R Question

Your question is a little confusing. If the CC&R's have a "NO Waiver" provision, then the Board could enforce the covenants despite the fact there has been no prior enforcement. However, any enforcement would be subject to attack under the defenses of Waiver, Estoppel, Change of Circumstances, and the Board could also be held to be acting in Bad Faith.

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Answered on 10/20/07, 10:02 pm


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