Deed Restricted Non-CID Developments
Property developments can be deed restricted without being a common interest development (CID). Many single-family developments from the 1950s through the 1970s were built with deed restrictions but were not CIDs. They did not have common areas nor did they have reciprocal easements as required to meet the definition of a CID. (Civ. Code § 4201; Civ. Code § 4095.)
Preserve Property Values. The developer's goal was to create a mechanism to preserve property values in the development by regulating paint colors, parking, architectural styles, views and other similar matters. CC&Rs were recorded against all the lots but, instead of creating an association, the developer created an architectural committee, sometimes referred to as an Art Jury, to enforce the restrictions in the community.
Enforcement Problems. The problem with not creating an association was enforcement. Since there was no association with automatic membership and mandatory dues, legal expenses had to be raised through voluntary donations to the architectural committee. As a result, many deed restricted communities formed voluntary associations with voluntary dues that could be used for such purposes. Enforcement remains a problem for these communities because of the high cost of litigation. As a result, some amend the documents and add common area to become a CID. Others gradually cease enforcement of their restrictions.
Recreational Property Ownership. Another non-CID form of shared ownership can be found in recreational properties such as "R-Ranches" and "R-Wild Horse Ranches" that allow owners access to horse back riding, fishing, hunting, archery, hiking, campgrounds, a lodge, etc. The facilities often provide cabins that owners can reserve for short stays. Owners pay an annual assessment that covers the cost of running the ranch and maintaining the amenities. These kinds of recreational associations do not fall under the Davis-Stirling Act because there is no right to occupy a particular lot exclusive to an owner. Typically, there is no subdivision of the property into lots. The ranch consists of one large property that may consist of thousands of acres. Membership in the association is through the purchase of shares of stock in the corporation that owns the property.
Related Information
See related information about common interest developments:
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