Q: How is it legal for a mobile-home park HOA to be registered with the government as a condominium association? What ramifications does that have on our CC&Rs? We’re having a lot of trouble here, and I need help understanding how CC&Rs override my constitutional rights or if they do. — Sincerely S.J., Escondido
A: Under Civil Code Sections 4100 and 4200, if your mobile-home park is either a condominium, stock cooperative, community apartment or planned development, and if it has a recorded declaration of covenants and a recorded map, it is a “common interest development” under the Davis-Stirling Common Interest Development Act.
CC&Rs are a contractual document. When recorded on the land owned by the owners, the CC&Rs become an agreement between them. The agreement is not imposed upon them but came with the property. Therefore, constitutional rights are not the issue – contract rights are the issue. The law allows parties to enter into the CC&Rs contract and will enforce it except for any illegal parts.
Unfortunately, many homebuyers do not read their entire contract when they buy into a common interest development. The purchase agreement is only one part of the contract the buyer receives. The other part — the CC&Rs on the property.– is already in place, even though buyers did not sign it. Assuming the buyer is using the California Association of Realtors residential purchase agreement, buyers should make sure they review the CC&Rs within the initial 17-day inspection period normally provided by that contract. That will help avoid surprises later after escrow closes.
Q: We are a 55-and-older mobile home park, a co-op in which each shareholder owns an equal share of the land. Recently, a long-time member passed away. Her son lived with her and he is not 55, but he is disabled. Since his mother died, he is no longer eligible to live here, according to our by-laws. How do we go about evicting him? He seems to think that because he’s lived…