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CC&Rs Statement of Condition

Started by GaryB11 • 8 replies • 1382 views

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GaryB11 (California)
Posts: 66
Posted:
Perhaps someone can clarify a statement in our CC&R use restrictions. It states "The entry gates in the project are not monitored or staffed…"

Question: If this is a statement of condition in the use restrictions, do we need to amend the statement before installing monitoring equipment and adding security?

Thanks
JohnB26 (South Carolina)
Posts: 1,569
Posted:
? what does the corporate attorney say ?
GaryB11 (California)
Posts: 66
Posted:
The corporate attorney wasn't consulted. An attorney sitting on the board believes that it is a statement of condition. The same attorney just licensed $300k in monitoring software for the gate, so he may not be objective.

BTW - I believe that since it is a use restriction, it needs to be amended. I am looking for others who have dealt with same problem. In particular, I am looking for any case law on the topic.
RichardP13 (California)
Posts: 1,767
Posted:
Gary

I have similar language in my CCRs, under Article 25 " Entry Gates". . You would need to read the whole article or section where it is stated. Generally, this is the language at the time when the complex was developed and does not need to be modified if you choose to add cameras or security or guards.
RichardP13 (California)
Posts: 1,767
Posted:
Quote:
Posted By GaryB11 on 03/03/2014 7:18 PM
The corporate attorney wasn't consulted. An attorney sitting on the board believes that it is a statement of condition. The same attorney just licensed $300k in monitoring software for the gate, so he may not be objective.

BTW - I believe that since it is a use restriction, it needs to be amended. I am looking for others who have dealt with same problem. In particular, I am looking for any case law on the topic.

Where do you live? Bel-Air?
GaryB11 (California)
Posts: 66
Posted:
I would expect the statement of condition to be in another section of the CC&Rs. The fact that the author added it to the use restriction and recorded it as part of the deed is my concern.

I understand that the author may have intended the covenant for insurance purposes. But, going forward, we will have security guards and monitoring. Plus, we will have a section of the use restrictions that state we don't have these things. When the members get restless and point to this obvious conflict, how do we explain it?
RichardP13 (California)
Posts: 1,767
Posted:
Quote:
Posted By GaryB11 on 03/03/2014 7:35 PM
I would expect the statement of condition to be in another section of the CC&Rs. The fact that the author added it to the use restriction and recorded it as part of the deed is my concern.

I understand that the author may have intended the covenant for insurance purposes. But, going forward, we will have security guards and monitoring. Plus, we will have a section of the use restrictions that state we don't have these things. When the members get restless and point to this obvious conflict, how do we explain it?

You might have the association's legal counsel take a look at it. To help people sleep better at night, they may recommend either amending or restating your documents depending on the age of the project.
KellyM3 (North Carolina)
Posts: 2,239
Posted:
The statement of condition is a defensive statement included as a result of not having a guard or monitoring equipment at the gate - a disclaimer (like "No Lifeguard on Duty). While you can amend your use restrictions, I don't think it's necessary as having security on site is an enhancement to your community and could not be perceived, by anyone with common sense, as a detriment - which CC&R's and other rules are authored to protect against.

Had the line read "The entry gates are NOT TO BE monitored or staffed.....", my opinion would be different. Don't waste your money on legal fees and congratulations on installing an expensive but very desirable service! CC&Rs become outdated with time.
JohnC46 (South Carolina)
Posts: 14,265
Posted:
Quote:
Posted By GaryB11 on 03/03/2014 6:35 PM
Perhaps someone can clarify a statement in our CC&R use restrictions. It states "The entry gates in the project are not monitored or staffed…"

Question: If this is a statement of condition in the use restrictions, do we need to amend the statement before installing monitoring equipment and adding security?

Thanks

I am not nor do I play a lawyer.

The statement says the gate are not monitored. It does not say the gates cannot be monitored.

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