![]() The trial court ultimately invalidated some of the changes in their entirety, and others only partially. The owners of the other four lots in Calabria Ranch Estates amended the CC&Rs pursuant to the general-amendment-power provision-and without Kalway’s consent or knowledge-to change and add certain definitions, create new restrictions, and enact new enforcement measures. Kalway sued, seeking a declaratory judgment to invalidate the amendments. ![]() 1 Additionally, per the original declaration, “the CC&Rs could be amended ‘at any time by an instrument executed and acknowledged by the majority vote of the owners’ under the general-amendment-power provision.” 2 Maarten Kalway owned a 23-acre lot in Calabria Ranch Estates, a residential subdivision comprised of five lots located east of Tucson, Arizona. The general-purpose statement in the CC&Rs was to “protect the value, desirability, attractiveness and natural character of the Property. The court ultimately held that general-amendment-power provisions may be used to amend only those restrictions for which the HOA’s original declaration has provided sufficient notice. ![]() ![]() Calabria Ranch HOA LLC, et al., the Arizona Supreme Court weighed in on the issue of whether a homeowners' association (“HOA”) may rely on a general-amendment-power provision in its covenants, conditions, and restrictions (“CC&Rs”) to place restrictions on landowners’ use of their land. ![]()
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