Montrose County allowed property owner to subdivide when cc&r states one home per tract Can the County override the CC & R?

LynneK (Colorado)
Posts: 8

Posted:

We went to the county meetings and they allowed subdivision of two of the properties in our HOA. This has opened up lawsuits to the individuals in the HOA. If the county can ignore our HOA CC&Rs do we have any recourse with the property owners?

TerriS6 (California)
Posts: 3,284

Posted:

Quote:

Posted By LynneK on 09/01/2023 1:20 PM
We went to the county meetings and they allowed subdivision of two of the properties in our HOA. This has opened up lawsuits to the individuals in the HOA. If the county can ignore our HOA CC&Rs do we have any recourse with the property owners?

California has the Subdivision Map Act and recent laws allow a lot more development in HOAs. Maybe that subdivision is permitted by state law in which case it probably takes precedence over CC&Rs. In our location, there is no such thing as a single family dwelling any more even though our Declaration requires it.

ElleN (Idaho)
Posts: 4,420

Posted:

Quote:

Posted By LynneK on 09/01/2023 1:20 PM
We went to the county meetings and they allowed subdivision of two of the properties in our HOA. This has opened up lawsuits to the individuals in the HOA. If the county can ignore our HOA CC&Rs do we have any recourse with the property owners?

The county has zero authority to enforce the CC&Rs. Hence the county did not look at the CC&Rs. HOA CC&Rs can be more restrictive than county ordinances. Example: County ordinance limits fence height to 7 feet. Association covenants limit the height to five feet. An owner installs a 6-foot high fence. The county will not care, because the fence is below the county's max height. But an owner can sue the owner of the 6-foot high fence for violating the covenant.

Next step: See an attorney to see about enforcing the covenants.

JohnC46 (South Carolina)
Posts: 14,265

Posted:

Quote:

Posted By ElleN on 09/01/2023 2:29 PM

Posted By LynneK on 09/01/2023 1:20 PM
We went to the county meetings and they allowed subdivision of two of the properties in our HOA. This has opened up lawsuits to the individuals in the HOA. If the county can ignore our HOA CC&Rs do we have any recourse with the property owners?

The county has zero authority to enforce the CC&Rs. Hence the county did not look at the CC&Rs. HOA CC&Rs can be more restrictive than county ordinances. Example: County ordinance limits fence height to 7 feet. Association covenants limit the height to five feet. An owner installs a 6-foot high fence. The county will not care, because the fence is below the county's max height. But an owner can sue the owner of the 6-foot high fence for violating the covenant.

Next step: See an attorney to see about enforcing the covenants.

Good example and sound advice.

DouglasK1 (Florida)
Posts: 2,046

Posted:

In any case, as far as the association is concerned, it is still one lot as per the original plat. Therefore only one vote for member elections.

Escaped former treasurer and director of a self managed association.

TerriS6 (California)
Posts: 3,284

Posted:

Quote:

Posted By DouglasK1 on 09/01/2023 6:41 PM
In any case, as far as the association is concerned, it is still one lot as per the original plat. Therefore only one vote for member elections.

Would need to amend the governing docs and election rules.
Director here wanted to add an ADU. HOA said no. County said yes. ADU was built.

ElleN (Idaho)
Posts: 4,420

Posted:

Quote:

Posted By TerriS6 on 09/01/2023 7:26 PM
Director here wanted to add an ADU. HOA said no. County said yes. ADU was built.

Yeahbut until other owners sued the owner with the ADU in court to enforce the covenants, I do not think this means anything.

The only way I see the owner with the ADU winning in court is if the state/county's language on ADU's expressly indicates it it overrides the covenants. The county/state language has to use something like a "shall" in it.