Maarten Kalway v. Calabria Ranch Hoa LLC

Summary

The court held that an HOA’s general authority to amend CC&Rs by majority vote does not permit amendments imposing restrictions that were not reasonably foreseeable from the original declaration. The original declaration must provide fair notice that an existing covenant may be refined, corrected, or changed in a particular way, and a broad amendment clause or general-purpose statement alone is insufficient. Applying that rule, the court invalidated or narrowed most challenged amendments, vacated the court of appeals’ decision, and remanded for entry of summary judgment for the parties in part.