|RECENT CALIFORNIA DECISIONS|
Fourth District Holds Subdivision Lands Act’s Regulation of Architectural Control Committees Inapplicable to Standard Subdivision, but Not a Bar to Suit
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Property Owners of Whispering Palms, Inc. v. Newport Pacific, Inc
On September 8, 2005, in a dispute between residents and a subdivision developer over control of architectural committees in homeowners associations, the Fourth District Court of Appeal reversed a grant of summary judgment dismissing the plaintiff’s claim based on lack of standing, but sustained the trial court’s finding of inapplicability of California Code of Regulations, title 10, § 2792.28 (Regulation 2792.28), one of the implementing regulations for the Subdivided Lands Act (Cal. Bus. & Prof. Code, §§ 11000-11200) to standard subdivisions (i.e., subdivisions without any commonly owned areas). Regulation 2792.28 relates to a developer’s obligation to turn over control of an architectural control committee to subdivision homeowners.
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Read related items on:
Statutes - State) California) Subdivided Lands Act
Topics) Land Use) Covenants, Conditions & Restrictions
Topics) Land Use) Subdivisions
California) Rancho Santa Fe
4th District Court of Appeal
Property Owners of Whispering Pines, Inc. v. Newport Pacific, Inc.