Real Estate:
Common Interest Developments
Due to the high cost of land, common interest developments have become a very popular approach to housing in California. Common interest developments allow individual home-owners within a planned residential development the use of common property and facilities.Home-owner associations provide a system of governance.
The body of law surrounding common interest developments has become an important concern for owners, investors and developers involved in the purchase, development, use and sale of residential and mixed-use real estate.
To do common interest developments right, you need a legal team with broad and deep experience within the real estate industry—a legal team that knows the law and knows your business. At McDonough Holland & Allen PC, we can be your sole legal source for advice, planning, transactions and disputes involving common interest developments.
Membership in a home-owner association is automatic with the purchase of a lot, home, townhouse or condominium in a common interest development. The association is governed by a document called the Declaration of the Covenants, Conditions and Restrictions—or CC&R—which contains the ground rules for operation. The association usually hires a management company to act as its agent.
Common interest developments are subject to the Davis-Stirling Common Interest Development Act, which provides homeowners with a system of self-government and dispute resolution.
As part of the public report application process before homes in any common interest development are offered for sale to the public, the California Department of Real Estate must review the development’s legal framework for compliance.
Our clients are individuals, public and private companies, government agencies, and institutions. They are owners, operators, investors, lenders, insurers, developers and builders who are involved with common interest developments.
When it comes to common interest developments for the real estate industry— whether advice, planning, transactions or dispute resolution —the lawyers at McDonough Holland & Allen PC will do what it takes to help you “Do it right."
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