Homeowner Protection: Initial CC&Rs “agreement” can be meaningless

 Like local governments, community associations have the power to make rules governing some behavior within the community, and the power to enforce them with fines and other penalties.  They also have the power to enforce the servitudes through judicial action .

Purchasers may notice provisions granting rulemaking powers to associations, but may not anticipate that these powers may be used, for example, to deprive them of their right to own pets or occupy their homes with a roommate, to dilute their voting rights, or to change their share of the common expenses .

Restatement Third, Property (Servitudes)

For complete editorial, see Ex Post Facto

Published in: on February 23, 2007 at 9:57 am  Leave a Comment  

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