Legal Question in Real Estate Law in California
Pertaining to Home Owner Associations consisting of detached single family homes:
1. Do governing documents, namely CC&Rs, constitute a CONTRACT between HOA & Home owner?
2. Is a CONTRACT created with submission of Architectural Modification Requests and responding Architectural Modification Approvals?
3. To what degree might contract law apply to 1 & 2 above?
Asked on 10/17/11, 1:50 pm
2 Answers from Attorneys
Anthony Roach
Law Office of Anthony A. Roach
It is not a contract per se, but is rather a land use control. Land use controls involve zoning, easements, servitudes, and restrictions. You actually have a land use restriction.
Answered on 10/17/11, 1:59 pm
I agree with Mr. Roach. There are similar legal principals that may be involved, but it is not a contract and contract law does not apply.
Answered on 10/17/11, 2:17 pm
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