I recently bought a brand new house in adelanto California, I

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I recently bought a brand new house in adelanto California, I did not notice that I have a contracts that says that if a rent it, I would have to donate $100 per day to boys and girls club, am I obligated to follow this or is this ilegal

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anaheim, California

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Status: Closed Value: $15

Hi! Is this is a private gated community? Is there an association involved, i.e lords over the dos and don'ts? Is this also a restricted community of any type, private country club, private golf course, etc etc.?

Reply to Marie's Post: no this is a new community, but there is no association involved or anything like that,
it's just the builder and me

Is this a covenant in your deed? Did you have an attorney handle your closing? If this was in your contract, which I can not imagine the reason as a Realtor, what purpose does this serve? Does the contract strictly say this? I called the National Realtors Association, that I have belonged to for over 20 years, and they said, quote" We have NEVER heard of such a thing. And to attempt to enforce this would be a gross atrocity of injustice to a homeowner." So that is from the EXPERT beyond me, but that is what I also would have said. If I can help you any further please ask.

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Reply to Marie's Post: I have signed a document call CC&R (covenant conditions & restrictions) that it is notarized
where they have this article about the charges, and no, I did not have an attorney handled the the closing. I believe that since this is a new community, they want the people to live there and not have investors to buy and resale.
I would like know what options do i have to avoid paying this huge amount of money, and be able to rent it out?

Hi!   This is why I always tell people to speak to a Realtor or an Attorney before you sign anything. A plain Convenient if one thing (no fences more than 4 feet, (you can file for a variance), but a CC&R is just what it is. And once you signed this, you acknowledged a full understanding and agreement to it. Whether the Builder/LLC formed with/an agreement under the guidance of the Planing Board, Building, Zoning or what every town committee was involved, this is a valid, legal agreement.
     While Real Estate Law varies in some State, I called my classmates Husband in Vero Beach, originally from San Fran. He is head of the Planning and City Development Board. He said that while some people think this is not fair, then go buy somewhere else. If they signed a CC & R with the full intent not to abide by this, then this is fraud. You then could have two problems. No one should ever sign any document like this without a Realtor or Attorney review this and advise them. Modifications may have been negotiated. The other thing is enforcement. I asked him how could this be enforced? He said the judge will do that after you get a summons to appear in court.
    He also told me as a former member of the Board of the National Real Estate Asoc., that if you had had a attorney represent you at the closing, you may have been able to amend this with some amicable conditions. However, it is what it is, and you can live in the house or re-sell it. Violation of the CC&R could be extremely costly even with just attorney fees and court costs. However, before you get crazy with websites promising you a legal out. Take time to find a LOCAL real Estate attorney for that area that may know the builder/planning board members etc. Call him. Bring all your paperwork and sit down with him. Listen to what he tells you as he will give you the BEST advise and possible solutions. You are paying him for his 1/2 -1 hour, so listen to him, perhaps he can work some magic. It is worth the monies if you can find a reasonable compromise that benefits all and offends no one. If you have any other questions, please ask. Good luck!!

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Reply to Marie's Post: It's there any federal Law that contradics this local agreement?

I am at work seeing patients. Please be patient as I contact the National Board myself and see what there EXPERTS know. They have thier own legal board. Be back to you when I know the correct answer from the actual mouth of an attorney and not a website. Please be patient, I will be the best I can. Meanwhile I neeed a little more info. Did you eveery purchase this wit the intent to live in it? Did you understand the CC&R? Are you an investment buyer that owns more than one home? Thanks

Reply to Marie's Post: I own another house in anaheim, where i live in right now,I bought the house in adelanto with the intention to live in it for a while, and then sale it, the problem now, is that it is more difficult for us to move in, because I move to another company, and they are not that flexible with the schedule also my wife was not feeling very sure to move in yet, because of our kids school and also because she does not drive a car yet, so we decided to rent it out while we preper better to move in. Now we are facing this situation that you already know, and I just looking for alternatives otherwise we will have to move ASAP. so please let me know what you find out, and thanks for your help.

Hi! Okay. Thank you for all that info. However, the CC&R is what it is. And it does not violate any laws, state or federal that I can find at this time as YOU willingly accepted the terms, and it part of the design, integrity of the community and for what ever reason, the Builder decided to do this. Because your circumstances change, does not make you less liable. Or for that matter the covenant less enforceable. Which brings us back to a local Real Estate attorney that can directly contact all members involved and perhaps work out a short term alternative that works for everyone. Not all people are unreasonable and set thing in stone so firmly that they are unmovable. I think you best recourse is to get a legal hands on Expert that knows the community and the law and can contact the builder and explain your circumstances. Rather than swing a stone at Goliath, would not trying to find a workable solution be better? I think at this time, this is the best approach. I wish I could give you a easy fast solution, but when it comes the legal paperwork, that is not the way thinks work. Please contact a good real estate attorney and get the best advise possible. Good luck!

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I recently bought a brand new house in adelanto California, ...

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