Fig Garden Park No. 1 Homeowners Ass'n v. Assemi Corp.

Opinion

FRANSON, J. *

Introduction

This appeal presents the question: do certain grant deeds made subject to “[a]ll reservations, conditions and restrictions of record” adequately incorporate by reference a previously recorded “Declaration of Covenants, Conditions and Restrictions” (CC&Rs) by which the grantors established a general plan for the development and use of a particular subdivision? The answer is yes, so that the restrictions contained in the CC&Rs constitute “mutual equitable servitudes.” We will affirm the judgment.

The Case

Respondents Fig Garden Park No. 1 Homeowners Association…