CLTA Works with Author of Legislation Seeking to Void CC&Rs Prohibiting Grocery Stores

Assembly Bill 1857 (Aguiar-Curry) would enact The Grocery Store Access Act, which as introduced would have made void and unenforceable any covenant, restriction, or condition contained in any deed, contract, security instrument, lease, or other recorded or unrecorded instrument affecting the transfer or sale of any interest in real property that effectively prohibits or restricts the use of that property as a grocery store or supermarket,  defined as “any retailer that sells food items.”

CLTA, out of concern that the bill as introduced could unintentionally impair the marketability of a wide array of commercial properties, worked with the author and sponsors of the legislation to more clearly define what constitutes a “supermarket,” and require the recording of a restrictive covenant modification form to effectuate the voiding of a CC&R, thereby creating more certainty in real property records.