Court of Appeal Affirms Judgment Enforcing CCR’s Against Developer

The California Court of Appeal upheld a Judgment enforcing recorded CCR’s against a developer where the developer constructed a new home in violation of the front yard setback restrictions.

Luna & Glushon represented the Holmby Westwood Property Owners Association which warned the developer not to proceed with construction without obtaining approval from the Association and to comply with the front yard setback requirements.

The Developer disregarded the CCR’s and completed construction under building permits issued by the City of Los Angeles.

LG attorney Sean Bryn represented the Association in both the Los Angeles Superior Court case which awarded Judgment enforcing the CCR’s and in the Court of Appeal action.

If you desire any construction on your property, it is important to complete a due diligence review of any recorded restrictions on development, including any recorded CCR’s.  Even if construction complies with local zoning regulations, privately recorded restrictions superseded local zoning and may be enforceable.