Legal Question in Real Estate Law in California

Re: CC&R's...are they legally binding

There are two types of CC&Rs, depending upon how and by whom they are enforced. Some CC&Rs are imposed by public authorities such as permit or zoning boards, and would be enforced by use of the police power of the state, usually in the form of a building inspector writing up a citation, followed by administrative proceedings against you.

The other kind are private in nature, and result from contracts, typically expressed as restrictions contained in deeds (technically, a deed isn't a contract, but deeds typically result from contracts). Private-right CC&Rs would be enforced by a benefitted landowner bringing a civil lawsuit, in which he/she could ask for money damages, an injunction, or both. In some cases, there could be a private right of action to sue for breach of a public CC&R, e.g., if a neighbor were raising hogs in violation of zoning laws, a private party could sue for the tort of private nuisance.

The boat-in-driveway situation probably involves a CC&R arising from private agreement. Its enforceability by a particular private person may depend upon whether the CC&R "runs with the land" or is personal in nature so that it can only be enforced by, or upon, a party to the contract. This issue can limit the right to sue, but more often than not the suit can proceed between the parties.

CC&Rs stands for covenants, conditions and restrictions. Each of these is legally distinct as to its creation. A covenant is the promise of a party in a contract. A condition is an event, the happening or non-happening of which affects a contracting party's future rights. A restriction is a limitation, within or outside of the contract, like a zoning law, that affects the use of the property described in a contract or deed.

The fact that you don't pay HOA dues may be indicative of whether or not the CC&Rs affect your property, but liability for dues is not an inherent necessity for being affected by a CC&R.

Re: CC&R's...are they legally binding

Generally speaking, yes. The fact that you do not pay HOA fees is irrelevant. The remedies which may be pursued would depend upon your specific situation, but at a bare minimum, another homeowner in the development can bring suit to enjoin you from keeping the boat in the driveway.