Adams Stirling PLC


QUESTIONOur CC&Rs state that "Each Unit shall be used solely as a private residential dwelling and for no other purpose.” The board has ruled that a homeowner who provides music lessons in his unit is conducting a business in violation of the CC&Rs. The municipal code allows certain businesses to be conducted in the home. The owner claims the city ordinance supersedes the association’s CC&Rs. Is he right?

ANSWER: No, he is not correct. It is true that homeowners are subject to city ordinances as well as the association's restrictions but ordinances do not supersede the CC&Rs unless the ordinance specifically states it. It's like growing pot--the state allows it for medicinal purposes but the federal government does not. If you're caught growing marijuana, the state will not prosecute you but the federal government will. Likewise, the city will not fine your owner for running a music business in his unit but the association can.

ASSISTANCE: Associations needing legal assistance can contact us. To stay current with issues affecting community associations, subscribe to the Davis-Stirling Newsletter.

Adams Stirling PLC