QUESTION:
Our 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.
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