How can i remove or redefine the Restrictions of Use from my shopping center CC&R? I am one of the parcel owners in a shopping center which has 2 other voting members. My building has been vacant for years, the use for my parcel doesn't allow gym, entertainment, auto sales, or recreational uses. How can I amend this, the 2 other voting members don't want to help out. I feel that if i amend this, it will help my chances in getting the space leased out after years of vacancy. Can a court somehow rule on this to amend the CC&R?
Answer
The CC&R's usually include reqirements for amendment or approval. If not, you need the consents of all owners in the area restricted. Review the CC&R's carefully first to see if yor answer is there. You can always go to court in a quiet title action, but this is problematic. You also need to see if the elimination of the restrictions, will not help you because of zoning restrictions applicable to the property. I would reccomend your consulting a real estate attorney providing him or her with all the relevant materials.
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