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SamS10 (Alaska)
Posts: 6
Posted:
I live in a neighborhood with several sub-hoa's. Each with "Supplemental" Declaration, and their own AoI, Bylaws, and EIN.

Each sub-Declaration generally points to the Master CCR and then has like 2 extra rules about fencing.

The Master CCR has a section in it about Amendments, saying "no amendment to CCR can add restrictions that restricts a Member's previously enjoyed rights and uses of their property."

My question: Can the sub-HOA's amend their sub-CCR's to really ratchet down the CCR's, adding all sorts of new restrictions? Is the sub-CCR technically part of the Master CCR and thus part of the master CCR statement about a 1-way street, or is the sub-CCR technically a separate and independent thing?
SheliaH (Indiana)
Posts: 6,964
Posted:
That's a legal question that's best addressed by a private attorney - most of us aren't attorneys, and what's true in your state may not be the same in ours. Besides, we don't have your documents..

You may want to go back and read yours - what do they say about amendments? Usually, amendments have to be approved by a certain percentage of homeowners (just because you don't like what's being proposed doesn't mean everyone else feels the same). The section you read in your master CCRs may actually address its section, not what's in the sub HOA. Go back and read it again and ask your attorney about anything you don't understand.

If it is not right do not do it; if it is not true do not say it. Marcus Aurelius
ElleN (Idaho)
Posts: 4,420
Posted:
Quote:
Posted By SamS10 on 06/29/2023 11:54 AM
I live in a neighborhood with several sub-hoa's. Each with "Supplemental" Declaration, and their own AoI, Bylaws, and EIN.

Each sub-Declaration generally points to the Master CCR and then has like 2 extra rules about fencing.

The Master CCR has a section in it about Amendments, saying "no amendment to CCR can add restrictions that restricts a Member's previously enjoyed rights and uses of their property."

My question: Can the sub-HOA's amend their sub-CCR's to really ratchet down the CCR's, adding all sorts of new restrictions?
I would need to see at least the exact wording of the sub-Declaration and Declaration, on the subject of what is controlling and when, to opine on this.

Are you certain that the Sub's declaration does not have wording like the Master's, regarding more restrictive covenants?

An attorney would want to read the entire Master and Sub Declaration and more, to opine. Understandably.

One caution right now: Nationwide and when the stakes are high for a particular restriction, the chances of a court rejecting an amendment that is more restrictive are good. Grandfathering may be a work-around for this.

Can you confirm the Alaska Uniform Common Interest Ownership Act applies to your HOA? I see it applies to post 1985 HOAs, with some caveats.

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