![]() ![]() The problem is, each state law tends to muddy the waters with a half-baked compromise. Therefore, it becomes necessary to enact state laws to override certain restrictions written into the CC&Rs. How will CC&Rs be amended to meet ever-changing community standards and to meet the desires of residents several decades from now?Īs many homeowners have discovered, the process of amending CC&Rs can be difficult, if not practically impossible, especially in large common interest communities. Tomorrow’s homeowners will want to renovate their properties with long-lasting, low maintenance building materials and up-to-date “smart home” technology. No one has given a moment’s thought as to who will regularly review standards and requirements to meet modern building design tastes and preferences.įor example, today’s homeowners are increasingly demanding the right to incorporate solar energy and electric car chargers. Why in the world would any civilized society wish to perpetuate this madness? And what about architectural standards? Likewise, many residents don’t appreciate restrictions against parking their vehicles in their own driveways, or on public streets in front of their homes. Nor do most young parents see the point in rules that forbid their children to enjoy their toys and play equipment in view of their neighbors.Īnd, as residents age and experience limited mobility, they don’t appreciate meeting onerous standards for installing wheelchair access ramps. It’s doubtful that younger buyers appreciate the value of CC&Rs dictating the exact placement of their trash and recycling containers. ![]() Should your neighbors have the absolute and perpetual right to enforce 30, 40, or 50 year old covenants? Should future homeowners have the right to enforce already outdated architectural standards 20 years from today? Outdated covenants, restrictions, and rules Is this wise? What effect will these trends have on private property rights in the U.S.? For examples, see the link posted below about Diamondhead, Mississippi, as well as my previous post involving a NJ Lake Association. ![]()
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