Court Rules Improperly Adopted Amendment To CC&rs That Restricted Short-term Rentals Was Invalid

This case involved a challenge by a group of homeowners (“Owners”) to an amendment to their CC&Rs that was purportedly adopted by their homeowners association (“Association”). The amendment prohibited short-term property leases. Owners sued the Association for declaratory relief in the form of an order from the court that the amendment to the CC&Rs was unenforceable.

Association’s CC&Rs provided that they could be amended by approval of at least half of the lot owners in the community. The actual relevant language in the CC&Rs stated that the CC&Rs could be amended “by Instrument executed by the owners of at least fifty percent (50%) of the Lots… and such amendment shall not be effective until the recording of such Instrument.”

In response to complaints about short-term rentals, Association’s board of directors sent a letter to each lot owner in the community asking for approval of the amendment. With the letter was a consent form that the owners could sign and return to the Association to express their vote on the amendment. At Association’s subsequent annual membership meeting, the members were informed:

Subscription Required to Continue Reading

To view the full HOA Featured Article, you must have a Subscription with HOA Member Services

Become a Member

Personal Monthly

$ 12.70 /month
  • Access to over 600 Articles & Case Decisions
  • Access to hundreds of Resources
  • HOA Newsletter
  • Free Copy of HOA LIVING
  • 25% OFF Download Forms
  • 1 User

Personal

$ 97 Annual
  • Access to over 600 Articles & Case Decisions
  • Access to hundreds of Resources
  • HOA Newsletter
  • Free Copy of HOA LIVING
  • 25% OFF Download Forms
  • 1 User

Pro

$ 297 Annual
  • Access to over 600 Articles & Case Decisions
  • Access to hundreds of Resources
  • HOA Newsletter
  • Free Copy of HOA LIVING
  • Free Unlimited Access to Download Forms (save $1000s!)
  • Unlimited Personal Support from HOA Attorney
  • 1 User

HOA Team

$ 347 Annual
  • Access to over 600 Articles & Case Decisions
  • Access to hundreds of Resources
  • HOA Newsletter
  • Free Copy of HOA LIVING
  • Free Unlimited Access to Download Forms (save $1000s!)
  • Unlimited Personal Support from HOA Attorney
  • Up to 10 Users
Shopping Cart

Get Your FREE
HOA Living Guide

 Get ready to level up your community! Dive into our guide for homeowners and management personnel in neighborhoods run by homeowners associations. Download now for essential tips and exclusive resources— improve your community with one click! 

Success, check your email for your guide!

Scroll to Top