I have a vacation home in California where I own the cabin and 1/44 of the corporation that owns the land. It is a gated community, and the by-laws of the association state that there can be only 5 full-time residents and the rest of us can use our property less than 5 months of the year. The Board of Directors tell us that this is due to our conditional use permit from the county (Humboldt.) However, I checked this document from 1977 and there is no mention of restricted use at all. Does the association (non-profit) have the right to restrict my use of my property when the restriction is not backed up by any law? No one, state or county, regulates our land use in any way.

How is it you own a building but not the land upon which it is built?

To get an accurate answer, you need to take all the documents, including your deed, restrictive covenants, and by-laws of the corporation to an attorney with experience in real estate developments in California.

The by laws of a homeowners association cannot violate local laws. But they can set their own rules and restrictions as long as local laws aren't violated. Since you agree to the by-laws when you decide to purchase, they are binding.

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Originally Posted by ScottGem

The by laws of a homeowners association cannot violate local laws. But they can set their own rules and restrictions as long as local laws aren't violated. Since you agree to the by-laws when you decide to purchase, they are binding.

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Thank you, Scott. We did sign the by-laws but we were lied to about the reason for the restricted use. They said it was due to requirements in the CUP. There are no residency restrictions in the CUP, or the articles of incorporation, or through the county or state. We recinded our acceptance of the by-laws and took back our signatures when we learned the truth. (Can we ddo that?)

This is a situatioin of a rogue BOD wanting what they want at the expense of the people. Doesn't it count that we were lied to? The property values of all our homes are less than they should be because of this, not to mention the loss of use. Can we sue?

I don't know whether you can rescind it, but you can fight to have the restrictions changed.

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Originally Posted by caveamy

... We recinded our acceptance of the by-laws and took back our signatures when we learned the truth. (Can we ddo that?)...

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I doubt it. By-laws are enacted by vote of the board of directors or membership, and every member doesn't have to agree on by-laws for them to be effective.