Legal Question in Real Estate Law in California

Re: CC&R's vs. County law

If you go back and re-read the county ordinance, you'll probably find that it is restrictive, not permissive. In other words, it does not permit you to park for less than 72 hours, it forbids you to park for more than 72 hours.

This is an important distinction, because, when thus written, it does not conflict with a valid CC&R imposing a tighter restriction on parking.

Re: CC&R's vs. County law

County law can not be avoided by CC&R's that are more lenient, but CC&R's can be more restrictive. When they are more restrictive, assuming that they are valid in other respects, they are enforceable. Exactly what remedy the association has for violation of the CC&R's is not necessarily in the form of a fine unless explicitly provided in the CC&R's or unless they give the Association the right to assess fines for such violations.

I don't know why this is such a problem for you, but if you need further consideration and perhaps intervention, feel free to contact us.

I hope this response has been of value to you.