Question: In 1988, Washburn, a real estate developer, recorded the Declarations of Covenants, Conditions, and Restrictions (CC&Rs) for Indian Hills Airpark, an aviation-related planned community. By
In 1988, Washburn, a real estate developer, recorded the Declarations of Covenants, Conditions, and Restrictions (CC&Rs) for Indian Hills Airpark, an aviation-related planned community. By reference, they incorporated the La Paz County zoning ordinances. At that time, zoning permitted only three residential uses in a subdivision: mobile or manufactured homes, constructed homes, and hangar-houses (homes incorporating an airplane hangar). In 1996, the County amended its ordinances to permit the use of recreational vehicles (RVs) as residences.
1. The Arizona high court held that RVs violated the covenants. Although they were allowed by the county, they were not to be allowed as residences in the development. Since the county rules changed, why did the covenants not change?
2. Suppose a majority of the residents of the Airpark wanted to allow RVs. Would that control the decision?
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1 The CCRs incorporated the zoning ordinances as they existed at ... View full answer
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