The statute should not affect condominium projects, stock cooperatives, or community apartment properties, since the association either owns or controls the common area and individual owners do not have interests which could be modified to add additional dwellings. However, a planned development could be at risk if its city invokes this statute and adopts an urban infill zoning area, and the association was within that designated area.
Even if a property owner obtains city permission to build a 10-unit apartment or condominium complex within the association, the lot owner is still bound by the CC&Rs. A single-family residential limitation should protect that association from such forced infill being imposed on its community.
To make sure that SB10 would not affect a planned development, such associations should check with their legal counsel to confirm that lots within the association are limited to single family residential usage. If a planned development’s CC&Rs do
not explicitly limit lots to single-family residential use, this could be a very good time to submit for member vote a proposed amendment to add that restriction.
California common interest developments, and of course CAI, will need to monitor with vigilance, the rapid pace of state pressure on infill development, and protect the primacy of recorded covenants. Those covenants protect all homeowner association members from such radical changes in property usage within the association.
—Kelly G. Richardson, Esq., CCAL is a Partner with Richardson Ober DeNichilo LLP, a Fellow with the College of Community Association Lawyers, a former Director of the Orange County Chapter, and a past President of CAI. Kelly can be reached at
kelly@rodllp.com
www.caioc.org
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