Under the Davis-Stirling Act, what is the primary governing document of a California common interest development?
Correct Answer
B) The CC&Rs (Covenants, Conditions & Restrictions)
Under the Davis-Stirling Act (Civil Code §4000 et seq.), the CC&Rs are the primary governing document of a common interest development. They are recorded against the property, run with the land, and define the rights, obligations, and restrictions for all owners. The CC&Rs establish the framework for the HOA, common areas, assessments, and use restrictions.
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Related Topics & Key Terms
Key Terms:
Related Concepts
A nonconforming use is a property use that was legally established before a zoning change but no longer complies with the current zoning ordinance. It is commonly called a "grandfathered" use.
A planned unit development (PUD) is a zoning classification that allows mixed land uses (residential, commercial, recreational) within a single development with flexible zoning standards. Homeowners typically own their lot and share common areas.
Police power is the government's authority to enact laws and regulations to protect the public health, safety, morals, and general welfare. It is the broadest power government has over private property.
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