Aiuto

I.

INTRODUCTION

Victor Aiuto and other condominium owners (plaintiffs) own units that are subject to restrictions imposed by the Below Market Rate Condominium Conversion Program (BMR Program) created by the City and County of San Francisco (the City) under authority of the state Subdivision Map Act (Gov. Code, §§ 66410 et seq.) (SMA).1 Plaintiffs’ second amended complaint (SAC) against the City2 alleges the entire BMR Program is void and unenforceable because the City failed to record adequate documents reflecting the BMR Program restrictions as required by section 27281.5. Plaintiffs appeal after the trial court granted the City’s demurrer to the SAC without leave to amend, concluding plaintiffs’ claims were statutorily barred by section 66499.37––which applies

1 All undesignated statutory references are to the Government Code. 2 The City is sued along with the Mayor’s Office of Housing, former Mayor Gavin Newsom, and the San Francisco Board of Supervisors (collectively referred to as the City).

1 a 90-day statute of limitations to actions challenging decisions made by local agencies “concerning a subdivision.” We affirm.

II.

FACTS AND PROCEDURAL HISTORY

We have fully set…