Legal Question in Real Estate Law in California

A corporation

I belong to Hayward Hills Property Owners Association, a corporation, that has changed our by-laws which specifially names the borders of our area in book of survey, to an undetermined area (near) so that others can become members, but in so doing, still left in''Castle Homes deed restriction are binding on all members'' even thou property owners do not have Castle Homes deed restrictions on their property. Is this legal?


Asked on 10/16/08, 8:23 pm

1 Answer from Attorneys

David Gibbs The Gibbs Law Firm, APC

Re: A corporation

I hope I am interpreting your post correctly - it is a bit confusing because of its brevity. My temptation is to say that no, the CC&Rs do not extend beyond the original project against which the Declaration was originally recorded, however, there could be a lot more to this story. As such, I'd have to advise you to have everything reviewed by an attorney. What it appears your HOA was attempting to do is actually a very complex transaction, and as such, if the sole change made to your HOA was a bylaw modification, they most likely did not accomplish what they were attempting to do.

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Answered on 10/17/08, 12:38 pm


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