Legal Question in Real Estate Law in California
Husband and wife own 2 units in a 3 unit condo building. CC&R says 1 vote per unit, majority wins, so naturaly they have voting majority and the owner of the 3rd unit has to follow the rules and budget they propose. The rules and budget proposals may be reasonable but not necessarily how the 3rd unit owner wanted.
Can the 3rd unit owner demand that CC&R is changed to require unanimous vote, or should the 3rd unit owner always go for mediation/arbitration wherever he feels rules or budget items may not be necessary? Thanks!!
2 Answers from Attorneys
A review of your CC&R's would be necessary to properly advise, however, if the budget and rules imposed are "reasonable" you will be in a difficult position to assert the desired outcome. If they are acting only in their own interests and their actions are not reasonable then court intervention could be taken on your behalf.
If you would more infromation, please feel free to contact me.
Regards,
Bryan
Bryan C. Becker
Becker Attorneys
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Mr. Becker is dead-on. The answer to your question about amending the CC&Rs;can probably be found in that document, or the other "governing documents". You should also check the Civil Code sections dealing with common interest developments (CC sec 1350, et seq.) but I think you're going to find that anything over 50% interest prevails.
Your best bet would be to contact an attorney in your area experienced in common interest development law.
Best Regards,
Tom Newton
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