Legal Question in Real Estate Law in California

I purchased a condo as investment property in 2011 and a year back HOA reported that I am not allowed to rent as mentioned in CC&R.

HOA shared the copied of those addendum and registered with county office. Documents which I signed at the time of purchase doesn't have those addendum. I am forced to sell it. Which can I do now to cover my loss.


Asked on 10/31/16, 3:38 pm

1 Answer from Attorneys

That depends on how it came to be that you accepted CC&Rs; without the addendum and why you were unaware of the addendum. It also depends on how your title insurance reflects this situation. If the title company missed it, they may have insured your title as not having the addendum. That would not make them liable, since a title report and title insurance is not a promise that title is as shown, but you might have title insurance coverage in addition to possible rights against your broker/agent and possibly the seller. Without reviewing the facts and documents, however, there is no way to give you any kind of real answer as to your rights and options.

I have nearly 30 years of real estate title and transaction litigation experience, including the better part of a decade in-house with the parent of Fidelity and Chicago title companies. If you would like to discuss this further, feel free to contact my office for an appointment.

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Answered on 10/31/16, 4:42 pm


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