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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Related Topics & Key Terms
Key Terms:
Related Concepts
Police power is the government's authority to enact laws and regulations to protect the public health, safety, morals, and general welfare. It is the broadest power government has over private property.
Restrictive covenants, also known as CC&Rs (Covenants, Conditions & Restrictions), are private agreements written into deeds or HOA documents that limit how property can be used. They are enforced by property owners, not the government.
Setback requirements are zoning regulations that specify the minimum distance a building or structure must be set back from property lines, streets, or other boundaries. They ensure adequate light, air, and space between structures.
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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.