After closing on a townhouse in a common-interest development, Elena says she never agreed to join the homeowners association and refuses to follow its published rules. Her deed references the recorded declaration for the project. Which statement is most accurate?
Correct Answer
A) Ownership in the development typically carries automatic membership and compliance obligations under the recorded declaration
In a common-interest development, ownership is commonly tied to automatic membership in the homeowners association under the recorded governing documents. Because the deed references the declaration, Elena generally takes subject to the related membership and compliance obligations.
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Previous Question
For more than eight years, the association has ignored dozens of visible violations of a declaration provision banning pickup trucks parked overnight in driveways. When Amir moves in, the board immediately fines him for parking his truck in the driveway, even though neighboring owners have done the same thing for years without penalty. What defense does Amir most likely raise?
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