To the best of our knowledge, covenants, conditions and restrictions, or CC&R’s, are limitations and rules placed on a group of homes by a builder, developer, neighborhood association or homeowner association.   All condos and townhomes have CC&Rs; however, so do most planned unit developments and established neighborhoods.  Nevertheless, in the case of Sun Valley Estates most owners have neither read nor signed any such documents, when they purchased their homes.   Some of the owners of Sun Valley Estates were informed prior to purchase that CC&R’s would be written sometime in the near future but, the full contents of such a document was not known at the close of escrow or recording of our deeds.   Even more buyers signed an addendum stating that upon receipt of such CC&R’s they would agree to comply with such conditions.  Nonetheless, the question arises; can CC&R’s be enforceable after the fact, even if owners were informed and/or even signed addendums during escrow that the CC&R’s would become available sometime in the future?  Moreover, how could they become enforceable, if the owners had no idea what was in them?   Some owners even felt compelled to sign these addendums for fear of their escrow not closing or they were under the assumption that CC&R’s would never see the light of day.   Unfortunately, the difficulty with retroactive conditions and restrictions is only one problem we see as a topic for discussion.  The question of a Home Owners Association or HOA is an entirely different situation that carries with it; its own set of unique circumstances.  For this reason, a number of Sun Valley residents have called for a petition to be circulated throughout our neighborhood to distinguish between those owners that want an HOA and those that do not.    In this case, the proposed petition is for those homeowners that are definitely against any type of association or group of homeowners that would enforce conditions and covenants.  The problem of retroactive CC&R’s is an issue that will be addressed at a later time after the online review of those recently submitted by the contractor and an independent review by objective legal experts. 

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