Case No 07F-H067001-BFS

Complaint:
violated rights under CC&Rs

Source of Law:
Declaration and Amendment

Discussion:
The 1987 Declaration superseded the 1971 Declaration. The 1987 Declaration governs, among other things, the “replacement of an existing mobile home.” Therefore, it is concluded that Petitioner is subject to the provisions of the 1987 Declaration, which was approved by a majority of the association’s homeowners as required by the 1971 Declaration.

Petitioner failed to obtain Committee approval of his proposed replacement of his existing mobile home prior to purchasing it as required by both the 1987 and 1971 Declarations. Respondent did not abuse its discretion to grant Petitioner a hardship variance to the replacement age limitation under the 1987 Declaration.

Holding:
Denied petition. Homeowner is subject to new CC&RS.

Additional Remarks:
Petitioner sought variance from amended CC&Rs that prohibited replacing mobile homes with homes more than 5 years old. He claimed financial hardship if he had to buy a home 5-years or less.

Ex post facto “laws” are valid in HOAs.