When we purchase our home we were given the then current CC&R in 2009. Today I found that they had an amendment made in 2011 which we were not informed before or after the change. Since the change might change the nature of the community, I felt my rights as a homeowner has not been properly protected. The community are still in its development phase so we do not have a HOA formed yet.
With the caveat that one must read the declaration to be certain of the answer, the amendment may not be valid absent notice of the modification. Generally homeowners in a development must consent to modification of the declaration. It is possible that the builder retained the right to make the modification, but generally that right would not allow material changes like this. I urge you to speak with local real estate counsel experienced in covenants and other issues burdening real property.
I agree with the previous answer and CC&Rs must have notarized signatures recorded against the title to be effective. You are bound by the CC&Rs on the title at the title you aquired the property. Later changes will be effective against new owners but they may be voidable with respect to your use.
Only If and until you and I sign an Agreement for Legal Services, I am not your attorney. These answers are provided for informational and/or novelty purposes
Whether or not it can be changed depends primarily on the terms of the CC&Rs themselves. If the developer maintained the right to make changes, and if the developer was the entity that sold your house to you, you may have a claim to either void the change, obtain damages, force them to re-purchase your home, or a combination of those claims. You should bring your documents to a real estate attorney
The advice given is general for information purposes only and should not be relied on. You should consult with an attorney of your choice to fully advise you about your legal rights and obligations.
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