Quote:
Posted By CathyA3 on 01/07/2024 11:48 AM
Why would the CC&Rs *not* need to be amended if they did not mention amenities? Granted I'm in a different state, but all of the CC&Rs I've read have described the jointly owned property in detail. And developers disclose planned amenities, even if these things won't be built for some time.
Even if a state's HOA/COA laws are silent, I would think that real estate disclosure laws would require telling people exactly what they're buying and the condition it's in. it would be essential for condos because buyers own a fractional share of all of the common elements. There are also buyers who avoid communities with amenities because they don't want the expense or aggravation.
This is one of the big picture reasons why, when a big enough change to the amenities is under consideration, I agree either an amendment or an owners' vote is essential for the board's and HOA's protection. Even an owner's vote, where a super-majority votes for xyz, may not pass legal muster. Tyranny of the majority (legal) issues can arise.
https://www.clemonslaw.com/hoa-condominium-law/removal-of-a-community-amenity/
(paraphrase: Changes likely to influence purchasing decisions demand careful consideration et cetera)
https://static1.squarespace.com/static/5f720599adde0126a08cb6ec/t/5f73825eefff8360b75a1860/1601405562463/Adding+Amenities.pdf
It's a myth that boards can do whatever they want.