Old CC&R’s

For as long as I’ve been doing this Real Estate thing I’ve been looking at old CC&R’s for the various neighborhoods that a home is in. Most folks think that CC&R’s are a product of condo and townhouse developments around here, but most tracts of single family homes have them too. These are a little different in that they tell a home owner what is or was permissible at the time the tract was developed. The relevant sections tend to prohibit a homeowner from tearing his or her house down and building an In and Out Burger in the middle of Lurline…or something like that. Of course, the city will have to permit that kind of thing anyway.

In Foster City we really don’t see much obnoxious or egregious language in their single family CC&R’S  but when you look in neighborhoods in San Mateo, or Belmont or San Carlos you’ll often find some amazing rules and language. Today I found some for a house in South San Francisco I sold. It’s in an older part of town and the CC&R’s were written in 1942. Here’s what one clause says:

The Grantee, his successors and assigns forever, or any thereof, shall not sell said premises or any part thereof to any Mexican, Ethiopian or Mongolian or any person having any admixture of Mexican, Ethiopian or Mongolian blood or any person who is commonly known as Mexican, Ethiopian or Mongolian.

I couldn’t make this up if I tried folks. It’s amazing. I’ve seen many other old CC&R’s like this. One in San Carlos I saw limited residence in the specific neighborhood to only members of the white race and went on to say that if a homeowner had any employees who were not members of the white race they needed to be out of the neighborhood by 5:00pm.

This one in South City is really remarkable. Suppose you were from Peru or Nigeria or Korea? Would those rules impact you too? I’m guessing that they would. It’s really sort of a loop hole legally though, huh? And while we’re at it, what if you are a woman grantee? Maybe you couldn’t even buy a house there? The rule seems to assert that its about the grantee and “his” successors.

It’s really sort of funny now, but it’s really incredible that our cultural thinking was this way…and 1942 doesn’t really seem that long ago to me. Of course all these CC&R’s are rendered moot by law now. They’re simply ancient history. Like I said…amazing.

Comments

  1. Dana Ferri says:

    Wow, that is crazy! Thankfully we have (for the most part) come a long way in the past 71 years!

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