Is a private road association a common interest development (CID)?

[Aranya]

Specifically, I'm wondering if the following is a common interest development (CID): a private road association that is filed with the county recorder and is mentioned on the deeds of trust of the property owners.

 

[PayrollHRGuy]

What state are you in? Or more importantly what state is the property in?

 

[Aranya]

California

 

[PayrollHRGuy]

Cal Civil Code 4075 defines Common Interest Development as follows.

“Common interest development” means any of the following:

(a) A community apartment project.

(b) A condominium project.

(c) A planned development.

(d) A stock cooperative.

 

[Aranya]

So such a private road association is neither a CID or HOA and the Davis-Stirling Act wouldn't apply to it, correct?

 

[PayrollHRGuy]

Unless there has been some modification to the law that I can't find or a court ruling.

 

[Aranya]

Thank you

 

[PayrollHRGuy]

You are welcome.

 

[quincy]

Here is a link to Healy v. Onstott, which is the case that gives rise to your latest question (asked in a related - reported - thread):
https://caselaw.findlaw.com/ca-court-of-appeal/1846108.html

You can add your question to this thread. Thanks.

 

[quincy]

Please add related questions to this thread instead of to your new third thread. That thread has been reported. Thanks.

Here is a link to your previous related thread: https://forum.freeadvice.com/threads/amendment-to-a-private-road-maintenance-agreement.650524/