HOA Restriction changes

4 Replies

Our HOA board doesn't like that we have a RV on our property, which is allowed per our CC&R. They went to a lawyer who told them they don't have any right to challenge/fine based on it being allowed. Now they board is changing the rules to restrict it. Is this legal, and if so, can we fight it? We read and agreed to the original CC&R and knew it was allowed. There are two members that are causing a problem because they sold their camper because they did not understand the section that outlined them being allowed.

Yes, if they follow proper procedure for changing the CCR, likely a vote, they can change the rules. Associations here often change to a "no rental" policy. Grandfathering rules may apply, depending upon state law.

Yes they can change it....but more importantly, since it isn't yet changed you can oppose it. When they put it to a vote make sure you attend and vote 'no', and make sure as many other members as possible attend and vote 'no'. If someone won't/can't attend get them to sign over their vote to you as a proxy. If it is only two members causing issues then hopefully they don't have the support necessary, but if you just let theirs be the only two votes cast you'll lose by default...

Originally posted by @Sean O'Connell:

OK...does it matter that it was allowed when I bought the house AND have a written approval letter from previous HOA committee?

Doesn't matter. When you signed the contract you agreed to be bound by the bylaws of the HOA, which also outlines the process to change the bylaws. By agreeing to the bylaws, you're also agreeing to the process of changing rules. Your only recourse is to get people to vote against it, if it goes to a vote.

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