Legal Question in Real Estate Law in California
Can an hoa probiting bicycle riding
Can a California (Chula Vista area) Home Owner's Asociation prohibit the use of bicycles within the confines of the development? The exact wording is that ''bicycles or other unregistered modes of transportation'' are not allowed in the development. They do not specify what OTHER means, yet they seem to allow tricycles, big wheels etc. I do not think the ruling is legal in itself, but they also seem have a policy of ''selective Enforcement.'' I have asked for the legal basis for the ruling but have not been provided any further information.
1 Answer from Attorneys
Re: Can an hoa probiting bicycle riding
California Civil Code Section 1354, which is part of the Davis-Stirling Common Interest Development Act, states that covenants and restrictions appearing in the recorded declaration of a common interest development are "enforceable equitable servitudes, unless unreasonable."
The unreasonableness is something that a finder of fact would have to decide based on the given law.
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