Interpretation and 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
enforcible 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 disproproportionate
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 handle.
The Law Office of Tracy Ettinghoff also handles all kinds of
disputes involving Homeowners Associations and Members. We handle
litigation, arbitration, or other forms of Alternative Dispute
Resolution.