Thank you sincerely for the citation. But you know by now that I’m not arguing in harmony with recent laws, state constitutions and/or decisions in favor of contracts attached to real properties against future property owners. I’m arguing against them. I disagree with established authority on the issue and would like to see it changed. If nothing else changes it, the economic trend will. There are consequences for bad policies.
you can’t have a planned community or common community without the original CC&Rs to kick it off and vote by all owners to change anything. To allow individuals to do their own variances defeats the purpose of the common community and violates the covenants and title conditions.
The other owners bought in under those agreements and legal requirements and they have a right to have them followed unless there is a vote to the contrary.
They have to vote, they’re all in it together. That is what the law is protecting.
Best approach with your beliefs, don’t buy in those communities. You will be given a copy of the rules and a title report before your purchase closes. Chance to get your deposit back and back out of the deal if you don’t like it.