Amendments To CC&Rs Must Be Reasonable

Question: In recent columns you have said that, if the CC&Rs of a community are amended by the requisite number of homeowners, e.g., 51%, 75%, etc., the CC&R amendment is binding on all homeowners in the community, unless the CC&R amendment violates federal or state law. I am a real estate lawyer, and you are not…

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No Grandfather Rights if CC&Rs are Amended

large van

Question: Our Mesa community has CC&Rs that prohibit commercial vehicles larger than ¾ ton. I have had a ¾ ton commercial van for more than five years with no HOA problems. The HOA has now amended the CC&Rs to prohibit ¾ ton commercial vehicles. Is my ¾ ton commercial van grandfathered? Answer: Probably not. Under…

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