Legal Question in Real Estate Law in California

Yes

Yes

No

No

1A. Some are contractual in nature; others may be covenants running with the land that don't exactly follow contract rules, but to which you become subject upon purchasing the land.

1B. A covenant running with the land is subject to some contract rules, but not all, and they are treated in an entirely different Title and Chapter of the Civil Code. For some general background, I suggest looking up and reading Civil Code sections 1460 to 1471. The statutory law dealing with contracts begins at Civil Code section 1549.

2A. "CC&Rs;" stands for "covenants, conditions and restrictions." As such, it's a pretty broad category of land-use limitations. Some CC&Rs;that affect property originate in municipal codes, such as zoning regulations. So, a particular CC&R might be a municipal code, or it might result from a contract between the HOA and the individual owner(s), or it might be a covenant running with the land.

2B. "Due process" has to do with processes, such as trial, passing of laws, etc. I cannot see that "due process" has any connection with the formation of contracts, nor, likely, any connection with the creation of covenants running with the land. Due process would be required in an enforcement action for any of the above.

Legal theories are best tested when the tester is clear on the theory and its application to the facts.

Due process is a concept imposed upon the government by the Constitution. Agreements between non-governmental entities is not subject to due process rights, although if one tries to obtain government support by asking the court system to enforce the agreement the courts may refuse to get involved unless due process is afforded. A contract may state what the rights are and unless offensive to the perceived public standards may be the only rights you would have.

As Mr. Whipple points out, the strength and validity of a legal opinion increases with the amount of knowledge of the facts the responder has.