City of Oceanside v. McKenna

In City of Oceanside v. McKenna (1989) 215 Cal.App.3d 1420, the City of Oceanside sold property to a developer at a below market price subject to a set of covenants, conditions, and restrictions that, among other things, bound the developer and its successors in interest for 10 years and prohibited any owner from "renting or leasing the property at any time for any reason. The CC&Rs also include eligibility requirements for initial and subsequent purchasers of the units and provisions for prescreening of prospective purchasers by the Commission. The CC&Rs were designed to assure the continued affordability of the condominiums and to foster an owner-occupied environment in the redevelopment area." (Id. at p. 1423.) As the court explained, "the City and the Commission subsidized the construction of Sea Village at a cost of more than $ 1 million in public funds to provide affordable housing to low and moderate income persons and to foster an owner-occupied community in the redevelopment area." (McKenna, supra, 215 Cal.App.3d at p. 1429.) "The disputed restrictions clearly and directly are related to the stated purposes of maintaining a stabilized community of low and moderate income residents and discouraging speculation by real estate investors. Certainly, the provision of housing for low and moderate income persons is in keeping with the public policy of this state." (Id. at p. 1427.) Under prior precedent, "the enforceability of the restriction depends on whether the restriction is reasonable. Whether a restriction is reasonable will depend upon the particular circumstances of the case." (Id. at p. 1430.) The court concluded: "The restrictions support rather than offend the policies of this state. Given this factor and the fact they clearly and directly are related to the legitimate purposes for which the Sea Village condominium project was established, we find as a matter of law they are reasonable." (Id. at p. 1428.)