Future Dog Park
We are trying to get a dog park built and our HOA says they have to completely rewrite their CC&R’s to do so.
This does not sound logical. Can it not just be done as an amendment?
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Karen,
You are correct. The CC&Rs do not have to be rewritten to allow a dog park. In fact, it may not have to be changed at all, depending on whether you are a Condo or Planned Community.
If you are a Condo, repurposing any portion of the common property may require the approval of a specified percentage of the unit owners. If you are a planned community, the common property can be repurposed by a simple vote of your board of directors. This is all based on who actually owns the common property. In either case, most CC&Rs have provisions to address this; you should check your current CC&Rs to see exactly what they say relative to repurposing any portion of the common property.
Dennis
I don’t believe that is 100% true. You are making the assumption that the CC&Rs don’t explicitly prohibit pets or dog parks. In our case, we would have to change our CC&Rs to allow pets but it would only be a one-paragraph change.