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; Civil 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.
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