Ryan Ranch Community Association, Inc., Petitioner v. John E. Kelley, Kelly D. Kelley, Rick Zimmer — Coats, J…

Summary

The specially concurring opinion joins the court's decision affirming the judgment below, concluding that the statutory requirements for adding units to an existing common-interest community were not satisfied by the deed-based annexation method. It would clarify that a declarant must record a complete statutory amendment before adding units and must own those units when they are added. The concurrence also reasons that treating the lots as automatically annexed would create an unintended trap for developers and purchasers.