You read the HOA governing documents during the pre-sale disclosure period, and there were no rental restrictions at that time.Ī few years after you have been renting your condo as intended - without any problems - your condo association amends its declarations to disallow short term rentals (durations less than 30 days), based upon a majority or super majority vote of owners. Before purchasing the condo, you had intended to generate extra rental income, and enjoy the property for occasional personal getaways. You’ve planned to use your second home as a vacation/investment property, renting it out using Airbnb or VRBO, to offset ownership costs. Or maybe you’ve purchased a condo or townhouse near the ocean, a lake, or in the mountains. You can still build your pool and spa, and add a safety gate around it, but, under the new rules, you won’t be able to sunbathe without being in full view of your neighbors. ![]() Shortly after you move into the house, however, the HOA board enacts new architectural rules and standards, and pushes through a hastily-written amendment to CC&Rs that doesn’t allow privacy fences. You’ve read HOA covenants and restrictions, and there’s nothing in the governing documents that prohibits you from doing so, as long as you submit plans to the HOA for design approval, and obtain necessary local building permits. You have plans to create your own private oasis, a fenced-in backyard with its own pool and spa. This recent decision is important, because it destroys HOA-industry supported myth that, at any time, a majority of homeowners can vote to change property use restrictions, even if those amendments completely override the rights of remaining homeowners to use of their property as they anticipated when they purchased their homes.įor example, suppose you buy a home primarily because you love the lot. Calabria Ranch HOA (March 2022) AZ Supreme Court decides that HOAs cannot enforce new restrictions that ”materially change” existing provisions affecting use or occupancy of private property This post highlights important recent legal decisions in three state courts.Īrizona - Kalway v. ![]() They question the legality of those amendments, particularly if new restrictions significantly change the way they can use and enjoy their property.Īs it turns out, it’s fairly common for property owners to challenge amendments that are initiated and enforced by HOAs. ![]() state rule on lawsuits against amendments to HOA, condo covenants and restrictions Homeowners sued to assert their property rights, after their neighbors voted to amend CC&Rsīy Deborah Goonan, Independent American Communities homeowners contact me at IAC regarding amendments to their HOA-governed community’s governing documents, particularly covenants and restrictions.
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