Legal Question in Real Estate Law in California

Real Estate Law -CC&R's

I own a lot in a residential neighborhood in a beach community. A few homeowners have rented their homes on week-end vacation rentals. A group of homeowners who are NOT in favour of this practice are banding together to implement CC&R's.

I bought my lot 7 years ago and till now thre are no CC&R's in existance. Can this vigilante group grandfather the CC&R's now and force me and other homeowners to comply. What is my recourse if any??

Awaiting a response.

Thanks.


Asked on 7/16/07, 1:27 pm

2 Answers from Attorneys

Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: Real Estate Law -CC&R's

Don't sign. What do you mean by "vigilante" and "force you to sign"? Are they putting a gun to your head?

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Answered on 7/16/07, 1:43 pm
Bryan Becker Stutz Artiano Shinoff & Holtz

Re: Real Estate Law -CC&R's

It is unclear what authority this group would have to implement CC&R's, but the validity to do so would be worth investigating. If it is simply adding a regulation to an already valid HOA, then the by-laws would have to be complied with to do so. Is there already an enforcement mechanism in place to enforce other regulations in your community?

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Answered on 7/16/07, 2:30 pm


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