Legal Question in Real Estate Law in California

i inherited a condo at villa la jolla 6455 la jolla blvd that my family has owned since it was first established in the 70's they were original owners and they installed ceramic tile flooring.in december 2011 the president of assoc. came to my unit to look at my patio when he noticed the flooring and a small opening {window}installed in kitchen I received a letter from prop mgmnt stating I need a permit for improvement which i OBTAINED and also stated IF the tenant below complains about footfall I would need to change flooring to carpeting.I applied for a kitchen remodel and was rejected because they want the flooring changed to carpet I have been told that when my parents purchased the unit ther was no restriction on flooring and the tenant below is writing a letter stating she has never in all these years heard any sound or footfall from my unit where would I find a copy of original cc&r's I have already told prop mgmnt I would change flooring if my neighbor ever has a complaint about footfall I have invested thousands for my kitchen remodel pre construction and I feel they are holding my remodel hostage because of the flooring which has been in place since 1978 can you help would original cc&r's be of help if there was no restrictions when flooring was installed and how would I find original CC&R'S thank you in advance


Asked on 2/19/12, 11:25 am

2 Answers from Attorneys
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Here are some places you could try to find the original CC&Rs;:

1. Family papers and records;

2. At the County Recorder;

3. The California Department of Real Estate probably has a set, but can they find them???

4. Neighbors who've been there a long time;

5. The HOA;

6. The HOA's law firm; and

7. maybe, the housing department or authority of the City or County.

I'd start with the County Recorder.

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Answered on 2/19/12, 3:02 pm
Anthony Roach Law Office of Anthony A. Roach

The CC&R's for your development should have been recorded with the San Diego County Recorder's Office. The building is downtown, across from the Star of India.

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Answered on 2/20/12, 2:36 pm


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