CC&R "Witnesseth" section -- how important?

Started by BeckyP3 • 5 replies • 1692 views

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BeckyP3 (Florida)
Posts: 50

Posted:

A quick question to the legal eagles. I understand that the CC&R of our HOA is essentially a contract between the declarant (the developer or the association) and each owner. I see that there is a standard format. What is the purpose of the initial section titled "Witnesseth:" which lists a few short "Whereas..." paragraphs and a final "Now therefore..." paragraph? There have been few minor changes which I don't see a reason for. Probably not important, but I'm wondering.

As always, thanks for the excellent help here. You've been a huge help in my education on the wiley ways of HOAs.

PeterD3 (Florida)
Posts: 708

Posted:

No legal advice here...

Lots of information available if you Google it.

Basically it means to "take notice of".

BradP (Kansas)
Posts: 2,640

Posted:

Becky...there is a reason for all that language, I am not well versed enough to know but i wouldn't change or accept changes without consulting your attorney.

BeckyP3 (Florida)
Posts: 50

Posted:

Thanks for your resonses. I forgot to say that this is related to the recent revision of our governing documents. Little changes for no apparent reason get my attention. Most seem to be errors that are probably not significant. The board did say that a lawyer reviewed the changes for compliance with current law, but it was tweaked some after that. Moving on...

BradP (Kansas)
Posts: 2,640

Posted:

If a lawyer changed then ok, if not I would be careful

TimB4 (Tennessee)
Posts: 21,046

Posted:

Becky,

I'm not an attorney and I do not work within the legal profession.

A witnesseth section, wordpress website, is to take notice of (aka witness).

Basically it's typically the Secretary or attorney specifying that the process happened correctly and that the people signing the document are who they say they are.

BTW: The CC&Rs is not a contract between the developer and each owner.
It is a contract between all owners.
The developer just happens to be the owner of x number of lots (which typically gives them controlling authority in the Association).

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