CC&R’s cannot impose restrictions on the addition of ADU’s, including Junior ADU’s. Civil Code §4751 states that CC&R’s can impose “reasonable restrictions” so long as they do not interfere with Sections 65852.2 or 65852.22 of the Government Code. This probably means submitting plans for approval to their design approval board and paying a small fee
In an unpublished case, Durack v. Wang, B276086, on September 27, 2017 the Court stated that Civil Code 1717 does NOT apply in an action based upon CC&R’s so attorney’s fees can be awarded against a party who voluntarily dismissed an action! In this case Plaintiffs brought an action against their condominium homeowners association and several individual defendants and settled as to all defendants but one, then voluntarily dismissed their action against the hold-out defendant.
Continue Reading Attorney’s fees Awarded on a Voluntarily Dismissed Case based on CC&R’s — Civil Code 5975(c)
In Watts v Oak Shores Community Association (2015) 235 Cal.App.4th 466, the Court said an HOA may impose reasonable regulations and charge reasonable fees that are related to short term rentals that are not imposed or charged other owners of longer term rentals.
Continue Reading HOA may charge fees short term rental fee to homeowner who rents to short term tenants (AirBnB)