Legal Question in Real Estate Law in California

I have a vacation home in California where I own the cabin and 1/44 of the corporation that owns the land. It is a gated community, and the by-laws of the association state that there can be only 5 full-time residents and the rest of us can use our property less than 5 months of the year. The Board of Directors tell us that this is due to our conditional use permit from the county (Humboldt.) However, I checked this document from 1977 and there is no mention of restricted use at all. Does the association (non-profit) have the right to restrict my use of my property when the restriction is not backed up by any law? No one, state or county, regulates our land use in any way.


Asked on 8/26/12, 6:00 pm

1 Answer from Attorneys
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Probably. Whether or not the "reason" given you is accurate or figmentary, you are most likely bound by the letter of the bylaws, which you have probably at some point contractually agreed to be bound by.

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Answered on 8/26/12, 6:52 pm


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