The recorded declaration for Harbor View says that any amendment to the leasing restriction requires approval of 67% of the owners and recordation of the amendment. The board votes 4-1 to ban all future leasing but never submits the change to the owners. A unit owner immediately signs a one-year lease. Which statement is most accurate?
Correct Answer
C) The attempted change is likely ineffective because the declaration's amendment procedure was not followed
When a recorded declaration specifies the required approval and recordation procedure for amendments, that procedure generally must be followed to change the restriction. A board acting alone usually cannot bypass owner approval and still create a valid amendment to the declaration.
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The roof over a subdivision clubhouse fails unexpectedly, and the association levies a special assessment authorized by the recorded declaration. Ben refuses to pay because he never uses the clubhouse. Which outcome is most likely?
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A recorded deed restriction limits several lots to residential use only. Each of the following could terminate or seriously weaken enforcement of that restriction EXCEPT.