CLTA Present Violation of CC&R Endorsement Guideline 100.5
Explanation:Provides the owner of the subject property insurance regarding the existence of a violation of the CC&Rs.
Underwriting Requirements:(1) Violation of the restriction must be shown as a Schedule B exception.
(2) The coverage afforded by this endorsement is essentially identical with the CLTA 100.4 Endorsement except that it is designed for use with the CLTA/ALTA owner policy.
(3) Therefore, it may be given with the approval of the appropriate Stewart Title Guaranty underwriting personnel when the violation of the restriction is minor or where it is very likely that a court would deny enforcement of a particular restriction with respect to the violation.
The underwriting guidelines contained herein have been provided for general reference. The facts, circumstances, and location of the subject property should be considered when determining the issuance of the requested form or endorsement. Please note that all of the forms and endorsements included in this system may not be available in all states. Accordingly, please contact the appropriate Stewart Title Guaranty Company underwriting personnel in order to determine availability.
Compliance with the underwriting guidelines contained herein in no way obligates Stewart Title Guaranty Company to issue any form or endorsement.
This guideline applies to the following form(s):