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Legal Eagle
Legal Eagle, Lawyer
Category: Real Estate Law
Satisfied Customers: 5272
Experience:  Licensed to practice before state and federal court
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I live in an old area with CCR's datingback to 1947. These

Customer Question

I live in an old area with CCR's datingback to 1947. These have been ignored for years. It says only one story houses. This has been broken at least twce. We recently started on adding a second floor and received a letter from a Lawyer who represents our neighbors demanding that we stop. Since the CCR's have been broken multiple times we felt we did not need to abide by them. There is no HOA. Do we have a case
JA: Because real estate law varies from place to place, can you tell me what state this is in?
Customer: Encinitas,Ca
JA: Has any paperwork been filed?
Customer: JUst a letter sent to us to stop construction by Friday
JA: Anything else you want the lawyer to know before I connect you?
Customer: That is it
Submitted: 1 month ago.
Category: Real Estate Law
Customer: replied 1 month ago.
My neighbors have broken the CCR's also as they say only one family homes yet some have rental units. Can I countersue them
Expert:  Legal Eagle replied 1 month ago.

Hello! I am a CA licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating so all that means is that you can count on me to help today. The answer to your question is that they probably do not have the right to enforce this since other people have been violating the CCRs. According to a trusted source, “A homeowners association has a duty to enforce its governing documents. (Nahrstedt v. Lakeside Village Condominium Assoc.(1994) 8 Cal.4th 361, 373-374, 380-383.) The enforcement of CC&Rs must be "in good faith, not arbitrary or capricious, and by procedures which are fair and uniformly applied." (Liebler v. Point Loma Tennis Club (1995) 40 Cal.App.4th 1600, 1610; Nahrstedt, supra, 8 Cal.4th at p. 383; Cohen v. Kite Hill Community Assn. (1983) 142 Cal. App. 3d 642, 650-652.) A homeowner has discretion to in enforcing, but it has to be consistent with its financial obligation to the owners and the plain language of the rules. Accordingly, if they are targeting you for a violation having forgiven everyone else, then you may have a cause of action for breach of contract against them.

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