Horizontal Property Regime
Our CCRs refer five times to the “Declaration of Horizontal Property Regime.” After much searching we found the document in a file of old CCRs. It clarfies many questions about Common and Limited Common Elements. Is this one of our governing documents like bylaw and CCRs? If, where does it fall in the authority hierarchy?
Thank for your help!
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Tracy,
The term was used early on to describe the CC&R’s for early condominiums. They are the equivalent to your CC&R’s in the document hierarchy.
State laws
CC&R’s (declaration of Horizontal Property Regime)
Articles of Incorporation
Bylaws
Rules
Dennis
Dennis,
Is this Declaration “always” in effect or is it superseded by the current CCRs? I am assuming that by referencing this document we must abide by its content. Is there somewhere else I should look to figure out its status?
Again, thanks for your help !
Tracy
Tracy,
If you have recorded CC&R’s they probably superseded the original Horizonal property regime. Unless the CC&R’s are specifically written to supplement the original recorded document and are written to work in conjunction with the original document. They then would work together as one document. You can only have one recorded property servitude on the property.
Dennis