What is the historical background and conceptual basis of the common interest development?
The evolution of common interest developments was recently traced by the California Supreme Court in the case of Nahrstedt v. Lakeside Village Condominium Assn. (1994) 8 Cal.4th 361, 33 Cal.Rptr.2d 63, upholding the enforceability of pet restrictions. Pertinent portions of the Supreme Court’s historical review are reprinted here with minor textual modifications and without citation to authorities found in the decision itself: “The term “condominium,” which is used to describe a system of ownership as well as an individually owned unit in a multi-unit development, is Latin in origin and means joint dominion or co-ownership. The concept of shared real property ownership is said to have its roots in ancient Rome. “To divide a plot of land into interests severable by blocks or planes, the attorney for the land developer must prepare a declaration that must be recorded prior to the sale of any unit in the county where the land is located. The declaration, which is the operative document for
