![]() This would undermine the stability of the community, rather than promote stability as covenants and restrictions are intended to do… ![]() It would also, in effect, delay the benefit of the restriction or the amelioration of the harm addressed by the restriction until every current homeowner opposed to the restriction sold his or her interest. ![]() 200.) This requirement would be severely undermined if only one segment of the condominium development were bound by the restriction. 368 Rest.3d Property, Servitudes, § 6.10, com. (See, e.g., Nahrstedt, supra, 8 Cal.4th at p. A requirement for upholding covenants and restrictions in common interest developments is that they be uniformly applied and burden or benefit all interests evenly. …To allow a declaration to be amended but limit its applicability to subsequent purchasers would make little sense. Terifaj (2004) 33 Cal4th 73, the California Supreme Court ruled, in furtherance of these concepts, that amendments to the declaration adopted by the members should apply to all owners, whether or not they took title before the enactment of the amendment. This same concept is embedded in California’s Davis-Stirling Common Interest Development Act, at Civil Code Section 4215: “Any … declaration …for a common interest development shall be liberally construed to facilitate the operation of the common interest development…” In Villas de las Palmas HOA v. (1994) 8 Cal.4 th 361, wherein California’s Supreme Court articulated this general rule: a recorded servitude will be presumed valid and enforceable, unless (1) the burden of the restriction as to all owners greatly outweighs the benefit as to all owners, (2) the restriction is arbitrary and capricious, or (3) the restriction violates public policy. The classic iteration is found in Nahrstedt v. Starting from the classic “a man’s home is his castle, and restrictions on use will be strictly construed in favor of the owner”, the state has moved steadily toward embracing restrictions. This article briefly examines the most important of each of these.Ĭalifornia has traditionally been fairly progressive on the issue of equitable servitudes in general. ![]() In recent years, association controls on a homeowner’s right to rent, the duration of a rental, and rental caps have been severely weakened, both in case law and by statute. Real Property Law Recent Developments in California Law Relating to Rental Restrictions in CC&Rs: Unanswered Questions and Lurking Suspicions ![]()
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