Legal Question in Real Estate Law in California
If C,C&R restricts business, can I open a CareHome ?
The C,C&R of a subdivision restricts the use of the home for any commercial or business use. It mentioned traffic concerns.It does allow normal internet based home based business.
It also disallows the use of garage for storage, etc. Because, homes should have the garage for cars parking purposes.
It disallows parking on the streets for more than 24 hours, but does not say anything about the driveway.
In view of This, Can I use the house for a Residential Care Facility for the Elderly (6 bed care home). ? And can I concert the garage into bedrooms ? What are the possible consequences for doing this ?
How is the enforcibility of such a CCR ? As far as I know, there is no HOA, so who would enforce ? THANK YOU.
2 Answers from Attorneys
Re: If C,C&R restricts business, can I open a CareHome ?
Without reviewing your CC&R's I would most likely say that you cannot run a CareHome for the Elderly, especially with 5 beds, if the CC&R's forbid it. Some CC&R's make exceptions for day care or nursery, but I am assuming that what you are proposing is much more significant and would have a larger impact than a daily day care operated when your neighbors are at work.
The answer to your second question, is that when no HOA is set up to enforce the CC&R's, any neighbor benefitted by the covenant which binds your property can sue to enforce the CC&R.
Very truly yours,
Anthony Roach, Esq.
Re: If C,C&R restricts business, can I open a CareHome ?
I assisted a client in doing the very same thing. Call me directly at (619) 222-3504.
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