The HOA legal case in Arizona, Klatt, is a reminder that recorded is not the same as valid. An amendment can pass with the required vote, be certified by the president, and sit in the county recorder’s office for years, and still be unenforceable if the original declaration never gave notice it could happen. Owners who find a new obligation in their CC&Rs that no one warned them about have a remedy. They can challenge it, and under Kalway they may win.

Here’s the full breakdown…