Mitch, my nonlawyer reading is slightly different. The key lines, which say it all:
?In the same way that the powers of a homeowners’ association are limited to those powers granted to it by the original declaration, an amendment should not exceed the purpose of the original declaration.?
The homeowners’ association’s original purpose, in this case, was architectural review and lighting a sign. When the HA went beyond that, it got into trouble:
?Here, petitioners purchased their lots without notice that they would be subjected to additional restrictions on use of the lots and responsible for additional affirmative monetary obligations imposed by a homeowners’ association. This Court will not permit the Association to use the Declaration’s amendment provision as a vehicle for imposing a new and different set of covenants, thereby substituting a new obligation for the original bargain of the covenanting parties.?
