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The governing documents usually consist of the Declaration of Conditions, Covenants and Restrictions (CC & R’s), the Bylaws, and the Articles of Incorporation. Don’t assume that all CC & R’s are the same. They are not. Each set of CC & R’s has different provisions. Many CC&R’s have provisions that are outdated and no longer enforceable. There are times when a homeowners association will rely on an unenforceable provision of its CC & R in a dispute with a property owner.
For more information on Homeowner Associations and/or real estate law in California, contact Barry A. Ross, Esq. at 949-727-0977; e-mail: rossbarry@aol.com or visit the website at www.rossrealestatelaw.com
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