Enforcement of CC&R

Started by DorisB6 • 11 replies • 769 views

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DorisB6 (Missouri)
Posts: 9

Posted:

CC&R violations have occurred for years in our Development. There are 10 separate CC&Rs governing the 10 Plats in the Development. The new Directors want to amend all of the CC&Rs to allow what was previously a violation (benefits two Directors) and add restrictions that will cause some homeowners to be in violation. For example, one of the new restrictions would prohibit recreational vehicles, campers and boats. Since the development was started, homeowners have been allowed to park these vehicles on their property, some in violation of their existing CC&R, others in compliance with the CC&Rs governing their Plat. It will require majority of homeowners in each Plat to approve any amendments. Anyone have suggestions on what recourse the homeowners will have if the amendments are made and they are told they are now in violation?

MelissaP1 (Alabama)
Posts: 13,836

Posted:

Well it is odd to have 10 different CC&R's. Usually there is 1 for all. Plus it's most likely not just 1 person or Board to make the amendments. It is usually a majority vote of the owners to make the changes.

So far alot of this is a bit confusing. 10 lots each with their own CC&R? If you don't like a rule, then you can change it. However, the same can be said if you like a rule. You can keep it. So no one has to be in violation if you allow the existing "violations" everyone seem okay with to stay or be written in to stay.

Former HOA President

DorisB6 (Missouri)
Posts: 9

Posted:

There are 10 PLATS, not 10 Lots. Each Plat has its own CC&R. The new directors want to amend the CC&R of each of the PLATS which requires a majority vote of the homeowners in each PLAT. Basically what they want to do is allow things that they are in violation of and add restrictions which would cause the homeowners with recreational vehicles to be in violation so they could tell them to move the vehicles out of the development. Two of the new directors do not like recreational vehicles, so they want to get rid of them. The question I posed was what recourse will the homeowners have if the proposed amendments are approved. After years of not being in violation, if suddenly they are, is there any recourse?

BenA2 (Texas)
Posts: 1,273

Posted:

If your CC&Rs stipulate that they can be amended by the owners (which is common) then you have no recourse as long as they follow the proper procedures for amending them. Just as you agreed to follow the CC&Rs when you bought your property, you agreed to any amendments that may come later.

Keep in mind that it won't be easy to get 51% of the owners to agree to any change, a change that is a little controversial would be even harder.

I don't think your situation is that unusual. Our subdivision is very similar except that we call them Phases instead of Plats. We have 16, all with their own CC&Rs. Most of the CC&Rs are the same but there are some differences. With ours, the owners of all phases have to approve changes in any phase.

DorisB6 (Missouri)
Posts: 9

Posted:

Thanks Ben, I suspect the Development will still have varying CC&R because you are right,
getting each Plat/Phase to a 51% vote will not be easy. It is confusing that some Plats allow
RV, others do not, some Plats have outbuilding restrictions, some do not. Everything depends on
where a person lives.

DouglasK1 (Florida)
Posts: 2,046

Posted:

In my experience it is unusual for CCRs to allow amendment with only a simple majority, they often require 2/3 or even 75%. Are you sure yours only require a majority?

Escaped former treasurer and director of a self managed association.

KerryL1 (California)
Posts: 14,550

Posted:

I was thinking the same thing, Douglas.

BenA2 (Texas)
Posts: 1,273

Posted:

I agree that a super majority is the norm but ours is 51% and I know of a few others.

TimB4 (Tennessee)
Posts: 21,059

Posted:

Quote:

Posted By MelissaP1 on 04/28/2018 3:52 PM

Well it is odd to have 10 different CC&R's.

It is odd. However, I have seen it.

In fact, in one development in Winchester VA, the developer filed a different set of CC&Rs for each block (apparently bad legal advice). One Association. One set of Bylaws. 8 different sets of CC&Rs.

GenoS (Florida)
Posts: 4,276

Posted:

Quote:

Posted By BenA2 on 04/29/2018 2:41 AM
I agree that a super majority is the norm but ours is 51% and I know of a few others.

Ours are also 50% plus 1. Of those present at a members meeting where a quorum is present. Quorum is 30% of 100 owners so, in the extreme case, 16 owners can amend any and all of our governing documents.

JohnC46 (South Carolina)
Posts: 14,265

Posted:

We need 20% for a Quorum but we still need 51% or 66% of ALL OWNERS for Bylaw (51%) or Covenant (66%) changes. Some think 51% or 66% of the Quorum. Wrongo.

CjC
Posts: 210

Posted:

In order to change ours: "this Amended Declaration may be amended only by the affirmative vote (in person or by proxy) or written consent of a simple majority of the then Owners and Vacant Lot Owners, and a simple majority of the then eligible holders of first mortgages (as such term in defined in Article IC hereof)" I had NO IDEA it said mortgages until I just read it!

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