![]() The court held that the 2001 restrictive covenant did not contain a provision that would allow for an amendment without unanimous consent. Here, by contrast, the court suggests that owners have strong expectations that there will not be regulations other than those included in the declaration at the time they purchase despite the association’s power to amend the covenants. 866.259.3983 Amending HOA bylaws and CC&Rs is crucial for community relevance and legal compliance. The Court noted that an exception to the general rule involved a restrictive covenant that indicated that it could be amended by less than unanimous homeowner consent. The case is unusual because most cases hold that those who buy property subject to a homeowners association sacrifice many rights to their neighbors who have the power to amend the covenants unless the declaration limits the amendment power. Here, most of the amendments created “new affirmative obligations” such as limiting garage space to 40% of the dwelling, limiting excavation, changing allocation of voting rights, limiting the location of non-dwelling structures, requiring all improvements to be pre-approved, and more. The court held that the original declaration must give “sufficient notice of the possibility of a future amendment that is, amendments must be reasonable and foreseeable.” Thus owners cannot be retroactively forced to join a community club if not put on notice of that possibility in the declaration. These restrictions can substantially limit the use and development of property. Restrictions may affect a single tract of land or an entire subdivision. ![]() ![]() In this case, the homeowners association adopted new restrictions on owners’ abilities to convey or subdivide their lots, restricted the size and number buildings permitted on each lot, and reduced the maximum number of livestock permitted on each lot. Restrictive covenants (sometimes called 'deed restrictions,' 'covenants, conditions and restrictions,' or simply 'CCRs') are contractual limits imposed on the use or occupancy of real property. Calabria Ranch HOA, LLC, 506 P.3d 18 (Ariz. He Arizona Supreme Court has limited the powers of homeowners associations to amend covenants retroactively when those amendments would unfairly surprise buyers who were not on notice of them when they bought their properties. ![]()
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