Attaching Restrictions to HOA Lots or Units-Can It Be Done?

May a Board Create HOA or Condo CC&Rs? Or Add Restrictions to the Condos or Lots?

Here is the question posed to me: “Our HOA is a voluntary neighborhood association in Los Angeles and has no CC&Rs. My understanding is that for the HOA to create CC&Rs, 100% of the affected homes would need to approve them, but what is the actual state law that says that?”

The answer is in real property law, outside of the Davis Stirling Act which regulates common interest developments. Without the need to go into that realm, I will just say that in order to attach deed restrictions to anyone’s property you need their consent. So if there are no CC&Rs (covenants, conditions, and restrictions) and you want to create some, you need written consent from each and every property owner upon whose property you want to attach them. Sometimes common sense answers the question. For example, what would happen if your neighbor could simply add a restriction in the County records that you could not smoke on your property. Would it be legally enforceable?  The answer is no.

Of course now I know you are thinking, can an HOA Board add a smoking restriction in an HOA or Condo? It might be possible in a rule, depending on what the current Bylaws and CC&Rs say (yes, there must be some current documents in place that have language authorizing such a thing, or the documents may need to be amended to allow for such a rule or restriction).

That is another blog for another day, maybe next week. Also, look in the blogs for earlier answers at www.condolawguru.com and also in my blog at www.communityassociations.net. Maybe I will do an E-newsletter on the topic later this year. If you want a full blown legal opinion or consultation on the topic, of course that requires the ante of the cost of a consultation call. You can find out more about this possibility on my website at www.californiacondoguru.com.

 

 

 

 

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