Question: When we signed the purchase contract for a new home in Sun City, we were given a copy of the CC&Rs which allowed street parking for up to 24 hours. The day before closing we were given additional documents by the title company, including what we thought was just another copy of the CC&Rs, so we didn’t bother to read these additional documents. In actuality, these additional documents were amended CC&Rs that prohibit any street parking. When our daughter visits us now she has to park at the main entrance to our community and walk to our home. Are these amended CC&Rs prohibiting street parking enforceable against us?
Answer: Probably. When you were given the amended CC&Rs the day before closing, you would have had five days to cancel the purchase contract if you disapproved of these amended CC&Rs. Inasmuch as you didn’t read the amended CC&Rs, and didn’t cancel the purchase contract, these amended CC&Rs prohibiting any street parking are enforceable against you.
Note: In Richard Nixon’s book “Six Crises,” he wrote that after a person survives a crisis, a person relaxes and then becomes vulnerable to making a major mistake. Similarly, although the documents to buy a home can be overwhelming, a buyer should carefully read every document until close of escrow.