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Updated over 6 years ago,
need advice about tract partnership
Dear all,
I am in the process of purchasing a home in southern California, and while reviewing the title report, I found this single family house(built in 1960's) is under CC&R, which I thought only condominium has.
Basically the house was built as part of a "tract", which consists of many lots. And the property owners at that time came to form a partnership with a "committee" and created bylaws, which regulates the covenant, conditions and restrictions. For example, if one owner wants to make modifications to his/her house, the owner has to submit a request to the committee and get approval. (sounds like an HOA right?)
The CC&R seems to have expired a decade ago, but since the current owners has done some modifications in the 60's and 90's, shall I ask them to provide evidence that their modifications were done with approval of the committee? The lender's title insurance company plans to include the CC&R as "exceptions" to the title, does it mean they'll not cover the loss due to any dispute? (For example, my future neighbor may sue me because of building violations that previous owner did in 90's).
I know I've asked a lot, but I really have no clues in this situation. Any feedback is highly appreciated.
Yiming