ASSIGNMENT 27 COMMON INTEREST
COMMUNITIES (CICS) Q&A
Raintree rule - Answer-The party relying on the waiver must show that the previous
conduct or violations had affected the architectural scheme and general landscaping of
the area so as to render the enforcement of the restriction of no substantial value to the
property owners. MUST SHOW: purpose of restriction and the conduct of the HOA
Zito Line of Covenant Modification and Amendments - Answer-§ "change and modify"
language in the CC&R includes the power to amend and add an entirely new covenant
which will be enforced if:
· The language is clear, unambiguous, and reasonable
· Doesn't seek to change the character of the CIC
· Doesn't impose unreasonable burdens on the lot owners
· Has a minimal collective burden upon the residents
Lakeland Line - Answer-§ If a CC&R provides only "changes and modifications" to
covenants, then amendments creating new covenants are NOT permitted
· Here, there is a more substantial impact on landowner and unforeseeable covenant.
What are Common Interest Communities? - Answer-Those in which the property is
burdened by servitudes requiring property owners to contribute to maintenance of
commonly held property or to pay dues or assessments to an owner's association that
provides services or facilities to the community
Defining Characteristics of CICs - Answer-They are burdened with covenants or
servitudes
Westmoreland 4 factors for determining if an association can assert the rights of its
members - Answer-1) The capacity of the organization to assume an adversarial
position
2) Whether its size and composition reflect a position fairly representative of the
community or interest which it seeks to protect
3) The adverse effect of the decision sought to be reviewed on the group represented
4) Whether full participating membership is available to the residents and property
owners in the neighborhood
Evergreen Highlands Test - Answer-We have to look at the impact of the covenant, see
how substantial the impact is on the property owner, how foreseeable, and whether it is
reasonable.
All of this needs to be considered when a new amendment is imposed
The procedure to be followed when an easement owner/homeowner violates a
covenant - Answer-Their needs to be:
1) notice of the breach
COMMUNITIES (CICS) Q&A
Raintree rule - Answer-The party relying on the waiver must show that the previous
conduct or violations had affected the architectural scheme and general landscaping of
the area so as to render the enforcement of the restriction of no substantial value to the
property owners. MUST SHOW: purpose of restriction and the conduct of the HOA
Zito Line of Covenant Modification and Amendments - Answer-§ "change and modify"
language in the CC&R includes the power to amend and add an entirely new covenant
which will be enforced if:
· The language is clear, unambiguous, and reasonable
· Doesn't seek to change the character of the CIC
· Doesn't impose unreasonable burdens on the lot owners
· Has a minimal collective burden upon the residents
Lakeland Line - Answer-§ If a CC&R provides only "changes and modifications" to
covenants, then amendments creating new covenants are NOT permitted
· Here, there is a more substantial impact on landowner and unforeseeable covenant.
What are Common Interest Communities? - Answer-Those in which the property is
burdened by servitudes requiring property owners to contribute to maintenance of
commonly held property or to pay dues or assessments to an owner's association that
provides services or facilities to the community
Defining Characteristics of CICs - Answer-They are burdened with covenants or
servitudes
Westmoreland 4 factors for determining if an association can assert the rights of its
members - Answer-1) The capacity of the organization to assume an adversarial
position
2) Whether its size and composition reflect a position fairly representative of the
community or interest which it seeks to protect
3) The adverse effect of the decision sought to be reviewed on the group represented
4) Whether full participating membership is available to the residents and property
owners in the neighborhood
Evergreen Highlands Test - Answer-We have to look at the impact of the covenant, see
how substantial the impact is on the property owner, how foreseeable, and whether it is
reasonable.
All of this needs to be considered when a new amendment is imposed
The procedure to be followed when an easement owner/homeowner violates a
covenant - Answer-Their needs to be:
1) notice of the breach
