Who is responsible for checking CC&Rs before building?

[edwinbarker]

Scenario: Architect/Designer submits building/remodeling plans to city building department, which are then approved and a permit issued.

 

Only one problem: CC&RS on the lot prohibit the construction as already approved and permitted by the city.

 

Who is to blame? The architect for not checking for CCRS before preparing the plans or the city for approving plans, and accepting money for plan check, reviews and permit for plans that would be illegal if constructed upon?

 

Sure, the architect goofed, but does the city have any responsibility? Please let me know your thoughts!

[John Dollus]

The city does not check for CC&R's. It's unrealistic to expect them to be familiar with every single development entity within a jurisdiction.

It is the responsibility of the architect of record.

[roseangel]

To become familiar with the terms and conditions you must abide by as the owner of property in a development, you should request copies of all its governing documents

 

Gorilla Online Marketing

Edited April 29, 2016 by roseangel

[monatank]

Yes, definitely it’s architectures responsibility to check CC&R’s. Practically city don’t responsible for that.