Typically, the declaration describes the real property and any structures on the property, delineates the common areas within the project as well as the individually held lots or units, and sets forth restrictions pertaining to the use of the property. The declaration, which is the operative document for the creation of any common interest development, is a collection of covenants, conditions and servitudes that govern the project.

“To divide a plot of land into interests severable by blocks or planes, the attorney for the land developer must prepare a declaration that must be recorded prior to the sale of any unit in the county where the land is located. The concept of shared real property ownership is said to have its roots in ancient Rome. “The term “condominium,” which is used to describe a system of ownership as well as an individually owned unit in a multi-unit development, is Latin in origin and means joint dominion or co-ownership. Pertinent portions of the Supreme Court’s historical review are reprinted here with minor textual modifications and without citation to authorities found in the decision itself: Lakeside Village Condominium Assn.(1994) 8 Cal.4th 361, 33 Cal.Rptr.2d 63, upholding the enforceability of pet restrictions. The evolution of common interest developments was traced by the California Supreme Court in the case of Nahrstedt v. What is the historical background and conceptual basis of the common interest development? The two other types of CIDs, the stock cooperative and the community apartment, are far less common and are not discussed here. The most numerous forms of CIDs are the condominium and the planned development. The term “common interest development” (or “CID”) describes a form of real estate where each owner holds exclusive rights to portions of the property typically called a unit or lot, and shared rights to portions of the property typically called the common area. Home » CC&R Amendment / Replacement » Homeowners Associations (HOA) FAQs (Part 1) Homeowners Associations (HOA) FAQs (Part 1)īy Andy Sirkin (Part 1 of 3) Common Interest Developments In General What is a “common interest development” or “CID”?

Hoa covenants amended after purchase