Interpretation & Enforcement of CC&Rs

CC&Rs (Covenants, Conditions, and Restrictions) are the primary governing document of most Homeowners Associations in California. The Developer records the CC&Rs before any lots are sold.

The CC&Rs govern the rights of the property owners and the Association. Other governing documents include Bylaws, Articles of Incorporation, Architectural Guidelines, and Rules and Regulations.

Since the CC&Rs are recorded against the property, California Courts have held that the CC&Rs are enforceable unless they violate public policy; they bear no rational relationship to the protection, preservation, operation or purpose of the land against which the CC&Rs are recorded; or it otherwise imposes burdens on the affected land that are so disproportionate to the restrictions beneficial effects that the restriction should not be enforced.

In Common Interest Developments, the CC&Rs are presumed to be reasonable, unless proven by the homeowner not to be.

CC&Rs can be amended and our office can assist in this process. Bylaws can also be amended which we can also take care of for your HOA Association.

The Law Office of Tracy Ettinghoff also handles all kinds of disputes involving Homeowners Associations and Members.  Some of the more common types of disputes we handle are:

View Obstructions

Water Intrusion and Mold Cases

Architectural Committee Approvals or Denials

Disputes with Board of Directors

Dog Bite Cases

Rights to Inspect Association Records

We handle litigation, arbitration, or other forms of Alternative Dispute Resolution.