CC&Rs PRESUMED REASONABLE

Restrictions contained in CC&Rs are presumed reasonable and will be enforced uniformly against all association members unless the restrictions are arbitrary, impose burdens on the property that substantially outweigh the restriction's benefits to the development's residents or violate a fundamental public policy. Nahrstedt v. Lakeside Village (1994) 8 Cal.4th 361.

A restriction contained in CC&Rs will be enforced unless it violates public policy, it bears no rational relationship to the protection, preservation, operation, or purpose of the affected land, or it otherwise imposes burdens on the affected land that are so disproportionate to the restriction's beneficial effects that the restriction should not be enforced. Use restrictions are enforceable unless unreasonable. Lamden v. La Jolla Shores (1999) 21 Cal.4th 249.

CC&R provisions are presumptively valid and the burden of proving otherwise rests on the challenging owner. Villa De Las Palmas v. Terifaj (2004) 33 Cal.4th 73.

However, when an association seeks to enforce its CC&Rs to compel an act by one of its owners, the association must show that it has followed its own standards and procedures prior to pursuing such a remedy, that those procedures were fair and reasonable, and that its substantive decision was made in good faith, and is responsible, not arbitrary or capricious. Ironwood Owners Association IX v. Solomon (1986) 178 Cal.App.3d 766.

Updated by ADAMS KESSLER 8/9/2008