- Jurisdiction
- Idaho
so question what this means.
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CCR: 13.4.3 Effect of Amendment. Any amendment of this Master
Declaration approved in the manner specified above shall be binding on and
effective as to all Owners and their respective properties notwithstanding that
such Owners may not have voted for or consented to such amendment. Such
amendments may add to and increase the covenants, conditions, restrictions
and easements applicable to the Property but shall not prohibit or
unreasonably interfere with the allowed uses of such Owner's property which
existed prior to the said amendment.
-----------------------------------
The way I am reading this: An amendments can add to and increase CCR's, but cannot reasonably restrict something that previous was allowed.
So the question is: what does "shall not prohibit or unreasonable interfere with the allowed uses...which existed prior" mean?
Does "allowed use" mean something special? Like it has to be something specifically allowed and called out, written down as 'allowed' to qualify? Or does this mean that CCR's are restrictive rules and if its not in the CCR's, then it is allowed by default, and doesn't need to be specifically written down?
Example: Lots of people have patio chairs in their backyard. There's no CCR discussing patio furniture and thus, its not not allowed, and people just get them if they like. Suddenly there's an amendment to CCR's to add a section saying "Patio furniture in backyard is not allowed."
Does this interfere with a prior allowed use?
So a legal question about this general concept.
our HOA docs have clear and explicit definitions for 'nuisance' and then also references city code for any other nuisances not defined in the CCR's.
My question: can the HOA interpret this to mean anything they feel like is a nuisance?
I would think that the CCR's dedicate an entire section to explicitly defining nuisance and then also says 'look to city code for anything else'. This means that only things defined as a nuisance in city code and explicitly in the CCR is the only thing that can be a nuisance.
However, many HOA ppl are interpreting this as "a nuisance is whatever I feel it is."
any thoughts or conversation from this forum?
----------------------------------
CCR: 13.4.3 Effect of Amendment. Any amendment of this Master
Declaration approved in the manner specified above shall be binding on and
effective as to all Owners and their respective properties notwithstanding that
such Owners may not have voted for or consented to such amendment. Such
amendments may add to and increase the covenants, conditions, restrictions
and easements applicable to the Property but shall not prohibit or
unreasonably interfere with the allowed uses of such Owner's property which
existed prior to the said amendment.
-----------------------------------
The way I am reading this: An amendments can add to and increase CCR's, but cannot reasonably restrict something that previous was allowed.
So the question is: what does "shall not prohibit or unreasonable interfere with the allowed uses...which existed prior" mean?
Does "allowed use" mean something special? Like it has to be something specifically allowed and called out, written down as 'allowed' to qualify? Or does this mean that CCR's are restrictive rules and if its not in the CCR's, then it is allowed by default, and doesn't need to be specifically written down?
Example: Lots of people have patio chairs in their backyard. There's no CCR discussing patio furniture and thus, its not not allowed, and people just get them if they like. Suddenly there's an amendment to CCR's to add a section saying "Patio furniture in backyard is not allowed."
Does this interfere with a prior allowed use?
So a legal question about this general concept.
our HOA docs have clear and explicit definitions for 'nuisance' and then also references city code for any other nuisances not defined in the CCR's.
My question: can the HOA interpret this to mean anything they feel like is a nuisance?
I would think that the CCR's dedicate an entire section to explicitly defining nuisance and then also says 'look to city code for anything else'. This means that only things defined as a nuisance in city code and explicitly in the CCR is the only thing that can be a nuisance.
However, many HOA ppl are interpreting this as "a nuisance is whatever I feel it is."
any thoughts or conversation from this forum?