What to do about changes to CC&R’s by the developer?

UPDATED: Mar 21, 2012

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What to do about changes to CC&R’s by the developer?

I recently purchased a lot in a small developement (8 lots). The developer has decided to change the cc and r’s as it pretains to the setbacks. He says he can do it because he owns the majority of the lots. Is that legal? Can I stop him?

Asked on March 21, 2012 under Real Estate Law, Hawaii


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

If you have already closed escrow on a small lot subject to recroded covenants, conditions & restrictions, the developer can change such with respect to other lots that he/she owns and record the changes. However, any recorded changes would not apply to the parcel that you own for the simple fact that you hold legal title to it.

You cannot stop the developer from doing what he/she wants to do. However, what is subsequently done has no effect on your ownership in the lot.

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