We purchased a duplex and are converting it to a 2-unit condominium. The local Planning Commission and City Council have already approved the rezoning. We are about ready to submit the CC&R document along with the tentative site map. We want to include a provision that both units must be owner occupied and prohibit the renting of the unit. Our reason is that we will be living in one unit and do not want to deal with a renter in the other unit. This is especially important since we live near a university.

In any case, in an informal discussion with the City Attorney, we were told that we cannot include such a requirement, but she could give no citation. We live in a small California town and there are no prohibitions in any city statute. Also, I am aware of other condominiums in California that have such a requirement. Is this attorney wrong?

Hello d:

I think the City Attorney is wrong. In any case, IF the City Attorney ISN'T part of your permit approval process, what do you care what she thinks?

Certainly banks can require that their borrorows LIVE in the house. If banks can make those provisions, why not you?

excon

The City Attorney must sign off on the CC&R (Covenants, Conditions and Restrictions) document.

Hello again, d:

Then ask her to cite the law so you/we can look it up, instead of just telling you what the law says.

excon