Tuesday, July 16, 2019
Eisen v. Tavangarian
Cal.App. 2nd Dist. (B278271) 6/20/19
The court held that CC&R's affecting a residential subdivision did not restrict renovations or alterations to a previously approved residence. The section of the CC&R's that did apply to alterations of a residence had expired. Note: These are the same CC&R's that were the subject of Zabrucky v. McAdams (2005) 129 Cal.App.4th 618. Here, the court held that the court in Zabrucky misread the CC&R's when it found that they applied to remodeling existing, approved structures. As pointed out in this web site's summary of that case, these cases are each unique and it is very difficult to determine in advance what a court will do. This means it can be very dangerous to issue endorsements such as CLTA Endorsement No. 100.6 or 100.28, insuring against a violation of this kind of provision in CC&R's.