Experienced, common-sense legal help for homeowners & managers with CC&R problems, disagreements, enforcement
San Diego Law Firm has extensive experience in handling problems with CC& Rs (conditions, covenants, & restrictions) contained in deeds and other real estate documents.
Legal basis for CC&Rs
Conditions, Covenants, and Restrictions, or CC&Rs, are rules that apply to homeowners in many newer communities; the purpose is to increase the value of all the homes in the community with a set of rules covering items ranging from property appearance and upkeep to management of a homeowner’s association. If you buy a home in a development with CC&Rs, you must comply with the recorded CC&Rs even if you did not know about them at the time. You automatically become part of the homeowners’ association (HOA), which controls how all homeowners can use their property and the common areas. A set of bylaws establishes how the HOA is run, and the board of directors is responsible for management. In large developments, the association may hire a professional management company.
Scope of CC&Rs
The CC&R’s vary for every development and subdivision, but are generally comprehensive in scope. Typical rules create standards for maintaining landscaping; regulate building size, additions, and exteriors; set parking restrictions; regulate keeping pets; and prohibit obstruction of views. Also identified are the community’s common areas, the homeowners’ association’s responsibilities, and requirements for the payment and collection of membership fees.
Your rights and obligations under CC&Rs
California law and your home’s purchasing documents set out your rights under the CC&Rs. You will usually have rights to discuss problems with the association’s board of directors, to participate in board meetings, and to resolve your dispute outside of court through arbitration or mediation. When the CC&Rs are not followed, you (as well as the homeowners’ association) can seek compliance, and can ultimately file a lawsuit when court enforcement is needed. Your primary obligations are to pay the HOA fees on time, to follow the CC&Rs, and, when selling your home, to provide the prospective buyer with certain documents.
San Diego Law Firm can help you with all CC&R problems
San Diego Law Firm assists homeowners with problems concerning CC&R’s and their enforcement. We provide experienced, common-sense advice, as well as representation in mediation or lawsuits, for homeowners who have CC&R problems concerning:
Homeowner’s house or condominium
- Improvements and alterations
- Construction defects and disclosures
- Usage restrictions (parking, leasing, signs, flags, antennas)
Disputes
- Between owners and the homeowners’ association
- Disputes between individual owners
Common areas
- Access and usage of common areas
- Common area management and maintenance
- Improvements and alterations
Board of directors and management
- Special assessments
- Increases in assessments
- Liens on homeowner’s house or condo
- Disciplinary action against owner
- Board powers and control
- Officers and committees
- Budgets and financial management
- Access to documents
- Insurance issues
- Managers’ duties and performance
As a property owner, you have rights under California law and your association’s documents relating to what happens in your development. For any problem you face, we will provide you with legal guidance on interpretation and enforcement of your community’s CC&Rs, and, where needed, assist you with procedures for seeking variances or exemptions from these rules.
Disagreements and compliance issues with homeowners’ associations can cause a great deal of frustration, but we will can offer you representation designed to help resolve the dispute as quickly and effectively as possible.
Benefits to our clients
We are committed to keeping our clients fully informed and offering them the guidance and support they need to make good choices between different legal alternatives. San Diego Law Firm will ensure that all of your legal matters are supervised by a seasoned senior partner who will act as your Personal Legal Representative and oversee your legal affairs, even if another attorney is performing a particular service for you. For as long as we represent you, you will receive the same dedication and quality of service that brought you to us in the first place.
