A property's CC&Rs require homeowner approval of 75 percent of lot owners to amend any restriction. Only 60 percent of owners vote to remove a restriction prohibiting satellite dishes. Is the restriction removed?
Correct Answer
A) No, because the required 75 percent supermajority was not achieved
CC&Rs specify the process for amendment, including the required vote threshold. If the CC&Rs require 75 percent approval and only 60 percent voted in favor, the amendment fails because the supermajority requirement was not met.
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Related Topics & Key Terms
Key Terms:
Related Concepts
An encroachment occurs when a building, structure, or improvement illegally extends onto another person's property or beyond a setback line. It is a physical intrusion, not a right to use the land.
An environmental impact statement (EIS) is a detailed report required for major federal projects or actions that may significantly affect the environment. It is mandated by the National Environmental Policy Act (NEPA).
A nonconforming use is a property use that was legally established before a zoning change but no longer complies with the current zoning ordinance. It is commonly called a "grandfathered" use.
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