A California property has a CC&R (Covenants, Conditions & Restrictions) recorded against it that prohibits parking commercial vehicles in the driveway. A new buyer purchases the property and begins parking their work truck there. Can the HOA enforce this restriction against the new buyer?
Correct Answer
A) Yes, CC&Rs run with the land and bind all subsequent owners
Under California Civil Code §1460-1468 and the Davis-Stirling Common Interest Development Act (Civil Code §4000 et seq.), CC&Rs that are properly recorded run with the land and bind all subsequent purchasers. The new buyer is bound by the CC&Rs regardless of whether they signed a separate agreement, as long as the CC&Rs were recorded before the buyer acquired the property.
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Lot A and Lot B in California were originally one parcel. When the owner divided the property and sold Lot B, the only sewer line serving Lot B runs under Lot A. No easement was mentioned in the deed. Under California law, what easement exists?
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