Legal Question in Real Estate Law in California
Illegal Neighborhood Association?
A very small minority of both property owners & renters, less than 10% of the property owners who live in this area, have banded together to create a "- - - Neighborhood Association", using the geographic name given to our rural area in their title. Their "proposed bylaws" state, in part, Article 9, Sec. 2: ....will establish no CC&Rs, but Article 9, Sec. 4 states these bylaws can be amended at any time with a 2/3 vote of MEMBERS. They're presenting themselves throughout our county as represntatives for all those who reside in this rural area. Can they do this? Thank you for providing an invaluable service, particularly to those on very limited retirement incomes!
1 Answer from Attorneys
Re: Illegal Neighborhood Association?
Persons and associations of persons who have no legal interest in your property cannot impose CC&Rs upon it directly. At most, they could influence the county to change (or enforce) the zoning or other planning restrictions.