Rights in Land Flashcards
Who can be held L when a kid slips and fell on Milagio pool deck?
HOA? Board members? Members of the association? Condo owners?
Board/association members are not jointly and severally L for torts that occur on (or are caused by) the commonly held property
Exceptions:
Board members are L if they breach a fiduciary duty to the association (ex: acted with negligence, willful misconduct, bad faith, or outside the board’s authority)
Condo owner comes with
(Mr. Hill)
Every unit owner is a member of the condo HOA & does own the common areas as a T-I-C with the other unit owners
Requirements for a burden to run with the land (real covenant)
- Intent to run with the land
- Touch and concern
- Horizontal privity
- Vertical privity
- Notice
- Writing
Requirements for a benefit to run with the land (real covenant)
- Intent to run with the land
- Touch and concern
- Relaxed vertical privity
Requirements for a burden to run with the land (equitable servitude)
- Intent to run with the land
- Touch and concern
- Notice
Requirement for a benefit to run with the land (equitable servitude)
- Intent to run with the land
- Touch and concern
Does the notice requirement in running with the land apply to heirs?
no
Common Interest Development (CIDs)
Categories of rules
- CC&Rs - association imposed rules in the deeds/declarations (valid unless illegal, unconstitutional, or against public policy)
- direct restraint - rules subsequently adopted by property owner associations for community gov’t (reasonable)
- indirect restraints (rational)
Common-interest development - test: rules adopted by property owner associations
these aren’t in the governing documents
must be reasonable–e.g., purpose is to protect common property
Test - validity of CC&Rs (restrictions in the deed)
Valid unless unconstitutional, illegal, or against public policy
not required to be reasonable
