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Case Law - Use Restrictions

Colony Hill v. Ghamaty

(2006) 143 Cal.App.4th 1156 Associations can require that units be used solely for single-family dwelling purposes.  The Court found that the homeowner violated that use restriction provision of the Association's CC&Rs by renting portions of his unit to separate, unrelated individuals that did not have any familial relationship with each other nor functioned as an “integrated economic unit”.

Liebler v. Point Loma Tennis Club

(1995) 40 Cal.App.4th 1600 Associations may enact rules to deny non-resident owners access to the Association's common area facilities. The court held that the Association can require owners to give up their right to use the common area facilities and assign the right to their tenants.

Nahrstedt v. Lakeside Village Condominium Assn.

(1994) 8 Cal.4th 361 According to the California Supreme Court, CC&R restrictions are presumed reasonable and will be enforced uniformly against all association members unless the restrictions are arbitrary, impose burdens on the property that substantially outweigh the restriction's benefits to the development's residents, or violate a fundamental public policy.


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