Kalway v. Calabria Ranch HOA, LLCAnnotate this Case
The Supreme Court held that a homeowners' association (HOA) may not rely on a general amendment power provision in its covenants, conditions, and restrictions (CC&Rs) to place restrictions on landowners' use of their land only as to those restrictions for which the HOA's original declaration has provided sufficient notice.
Plaintiff brought this action against Calabria Ranch Estates, a residential subdivision, and other property owners seeking a declaratory judgment to invalidate recently amended CC&RS that were voted upon without Plaintiff's consent or knowledge. The superior court invalidated portions of the amended CC&RS. Plaintiff appealed, arguing that all of the amendments were invalid without unanimous consent. The Supreme Court reversed in part, holding that an HOA cannot create new affirmative obligations where the original declaration did not provide notice to the homeowners that they might be subject to such regulations.