Legal Question in Real Estate Law in California

We live in a community that doesn't have an HOA but has CC&Rs. Part of our CC&Rs cover equestrian easements that go through the neighborhood. Our governing committee has realized that the outer perimeter equestrain trails found on those owners properties are horribly out of compliance and have decided to ignore them. Instead, they have focused on the equestrian trail that runs along the main street and have required those owners to trim their shrubs etc. Is it legal to focus on only some of the properties that are non-compliant while ignoring the rest?


Asked on 4/03/12, 4:38 pm

1 Answer from Attorneys

Bryan Whipple Bryan R. R. Whipple, Attorney at Law

This is a good question, somewhat akin to asking the cop, "Everyone on this freeway was speeding, why did you pick on me?"

I think the focus on central properties and trails is justifiable and legal provided it is being done for a substantial and defensible reason, and not arbitrarily or because the governing committee members' properties are benefitted.

Beyond this rather general statement, however, other legal questions may arise or exist. For example, the law of easements generally places a significant maintenance burden on the party or parties that hold the easement and benefit from it, rather than requiring the owner of the property upon which the easement lies to keep the easement maintained. Also, what do you mean by "horribly out of compliance"? Are the trails outside the easement boundaries? Is the non-compliance a maintenance issue? Does it have to do with the use being made of the easement areas by the easement holders, or by the owners of the land upon which the easements lie?

In sum, I think the governing committee may be acting properly, but there simply isn't enough information provided to do a complete analysis.

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Answered on 4/05/12, 6:41 pm


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