Changes to CCR’s
Hello Dennis, Due to the current ligation and case law, what are the requirements to change the CCR’s
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Janet,
For most issues, the requirements to change the CC&Rs are as prescribed in the declaration itself, typically the approval of 67% of the members. If you are under declarant control, they may have specific additional requirements. The Arizona Supreme Court in 2022 ruled that for the association to make a material change to a restriction on the use, occupancy, or allocated interest of private property, they require the unanimous consent of all homeowners. This was a fundamental principle of property servitude law that was supported and invoked for all of Arizona by the court. Arizona statute also has a provision that specifies that any new or increase of the special declarant rights established in the declaration also receives the unanimous consent of the owners. These concepts are fundamental aspects of contract law and are not new.
Dennis