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An association has the duty to enforce the restrictions set forth in its CC&Rs. When it fails to do so, \u201ca homeowner can sue the association for damages and an injunction to compel the association to enforce the provisions of the [CC&Rs].\u201d (Posey v.
Answered \u2013 In most circumstances, the association has five (5) years to bring legal action against violating homeowners pursuant to the Statute of Limitations. (See Code Civ. Proc., § 336(b).)
The purpose of an occupier's consent form is to ensure that the person living at the property is fully aware of the rights that the mortgage lender has over the property, and in the worst case scenario, that the occupier would be forced to move out if the mortgage lender had to repossess the property.
An occupier waiver form is used by a lender when granting a mortgage on the property. It has to be signed by anyone over the age of 17 who is to live at the property but not be on the mortgage.
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