activity because it does not affect the
community’s residential character.”
Accordingly, in order to enforce
a restriction against a business or
commercial use of an owner’s home,
simply pointing to the applicable
provision of the CC&Rs may not be
sufficient. Associations should be
prepared to demonstrate how the use
affects the residential character of the
community.
Tyler Kerns, Esq., is
a Senior Associate
Attorney at Kriger
Law Firm in La
Mesa. Kriger Law
Firm represents
community
associations in San
Diego, Riverside,
San Bernardino,
Orange, and Los
Angeles Counties
and surrounding
areas.
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/in/caisandiego WWW.CAI-SD.ORG
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