4.10 Judicial Power to Excuse Compliance with Requirements of the Governing Documents

• Jurisdiction: Arizona

§ 4.10 Judicial Power to Excuse Compliance with Requirements of the Governing Documents

Section 6.12 of the Restatement provides a legal framework for a community association to avoid certain provisions of restrictive covenants. A court must make a finding that a provision in the governing document of a community association (1) unreasonably interferes with the community’s ability to manage the common property, unreasonably interferes with the community’s ability to administer the servitude regime, or unreasonably interferes with the community’s ability to carry out any other function set forth in the declaration, and (2) that compliance is not necessary to protect...