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Voting to amend the CC&Rs must be done by secret ballot pursuant to written election rules established by the association. (Civ. Code §§ 5100, 5105(a); See also ?Balloting Requirements & Procedures.?) The text of the proposed CC&R amendment must be delivered to the members with the ballot.
Can I get a restrictive covenant removed? If there is a covenant on your property which is obsolete, you can make an application to the Upper Tribunal (Lands Chamber) (which use to be known as the Lands Tribunal) asking for the covenant to be discharged or modified.
A property owners' association or another ?representative designated by an owner? may file a lawsuit to enforce a restrictive covenant. Section 202.004(c) of the Property Code allows a court to assess civil damages of up to $200 for each day of the violation.
The enforceability of building covenants is quite cumbersome in Queensland. Generally, they need to be enforced contractually. This can be very time consuming and costly.
How do I challenge a restrictive covenant? Express release: It may be possible to negotiate the release or variation of a restrictive covenant. Indemnity insurance: It is possible to obtain indemnity insurance to protect against the risk of a person with the benefit of a restrictive covenant seeking to enforce it.
Can I get a restrictive covenant removed? If there is a covenant on your property which is obsolete, you can make an application to the Upper Tribunal (Lands Chamber) (which use to be known as the Lands Tribunal) asking for the covenant to be discharged or modified.
In general, any amendment to the CC&Rs must be approved by a vote of the owners. An owner vote to amend the CC&Rs typically requires approval of a super-majority of the total voting power of the Association and may require approval from a government agency.
To be enforceable a restrictive covenant must firstly ?touch and concern? or somehow benefit other land, and the benefit must also have been intended to run with that benefitting land. The covenant cannot merely be a covenant of personal benefit to the original contracting party.
How do I challenge a restrictive covenant? Express release: It may be possible to negotiate the release or variation of a restrictive covenant. Indemnity insurance: It is possible to obtain indemnity insurance to protect against the risk of a person with the benefit of a restrictive covenant seeking to enforce it.
A restrictive covenant may include things that you can't do with your property, like raise livestock. A restrictive covenant will also include things that you must do, like mow your lawn regularly.