Court Cases
January 18, 2011
CC&R's
Schuman v. Ignatin (PDF)
The applicable CC&R's would have expired, but an amendment was recorded extending them. Plaintiff filed this action alleging that defendant's proposed house violated the CC&R's. The trial court held that the amendment was invalid because it was not signed by all of the lot owners in the subdivision. Since the CC&R's had expired, it did not determine whether the proposed construction would have violated them. The appellate court reversed and remanded, holding that the defect in the amendment rendered it voidable, not void, and it could no longer be challenged because the four-year statute of limitations contained in C.C.P. 343 had run.
Cal.App. 2nd Dist. (B215059) 12/23/10
