Condo Damage Attorney – Can Property Owners Claim Ignorance If They Violate CC&R Rules?

If a document affecting real property is legally recorded and readily available as matter of public, that recordation is considered, under well-settled California law, to be “constructive notice” of a said documentation. Moreover, the implication of such recorded documentation is applicable to all whom it governs [See Cal. Civ. Code § 1213; see also First Bank v. East West Bank, (2011) 199 Cal. App. 4th 1309, 1314] In most circumstances, CC&Rs are recorded instruments present in the public record.  Therefore, a property owner’s claim of ignorance, lack of awareness, or insufficient knowledge regarding the CC&R governing their property is not an acceptable excuse for CC&R violations. Under California law, it is a property owner’s responsibility to gain actual knowledge of documentation affecting any property to which they hold legal title.