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.
2 Answers from Attorneys
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?
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?