Rewriting CCRs vs Amending existing CCRs

DanaA...........Great question.... Would you happen to be my neighbor ?? LOL..... Can't wait to see the replies as our HOA has "basically" the same problem........Thanks for the post LindaC3( Fla)

Hi Dana,
A condo association where I own a rental unit has just spent a good deal of money to rewrite their entire set of documents. You must realize that a 30 year old set is more than likely outdated. Unless it has been done already, your Covenants and ByLaws now must be registered under Fl. State Statutes 718. I'll bet you still were under 618, which is the Not for Profit Corp. Many communities have not filed that paperwork with their Counties.

The statutes have changed greatly and to make it easier to operate, your current documents will need some word changing and perhaps you will need to add or delete some requirements and perhaps address some issues that your community has had to address. This is not a bad thing.And just because you are redoing the entire book, doesn't mean that you have to make major changes. If you are current with statutes and laws, the just clean up all of the excess. I'll bet you a good dollar that there is still all of the wording about the Developer. That can be removed.

Yes, it will need a membership approval IF you add amendments or change anything in the Covenants and ByLaws that restricts or deletes items. I believe that any changes that would alter an owners rights would have to be "vested" as you cannot change their rights after 30 years . Our association just rewrote the entire book with no major changes and had everyone sign off on receipt of the new book.

Dana, We are a 20 year old community and the original builders/developers are still listed on the paperwork. Our management company just keeps copying these old forms and charging prospective owners $100 for the disclosure packet. I have asked about updating the CCR's and was told it would be too expensive to do by the management company. They look unprofessional to me, but then as some people, even people on the board have said, "I never read the thing until an issue came up." So, perhaps it doesn't really matter what I think.

I have completed updating our Archtiectural Guidelines, went from 1 page to 10, basically because people have not been told of any new approved changes, like extending their railing from thier front step to the bottom of the steps for safety reasons (we have quite a few elderly folks in the neighborhood). I am hoping to get this reviewed by the Board of Directors for any corrections, additions, deletions, and get it out to the community as soon as possible.

Of course since I did the work getting the guidlines updated, the other Board Members asked if I wanted to do the CCR's. I may be nuts but I'm not crazy.

RonaldW: I wondered where you have been lately...! Glad to read that you/Board are working on rewriting the CC&Rs specifically-- ..."We currently have a vote out on liberalizing the time trash can be placed out for collection and the number of cars that may be parked in the driveways overnight."

In view of the many posts you have placed here previously on these two issues, it is well to rework the CC&Rs to fit the majority of 'your own community's needs'.

DanaA...... I belong to an HOA in Florida also.....FIRST I would recommend that you check to see if your HOA filed the MRTA Act according to the Statutes to preserve your Deed Restrictions.... I do belive it is FSS Chapter 712 ? Your attorney should know this....If you are 30 yrs PLUS and did not file these than your Deed Restrictions may no longer be in effect...Your attorney should know this also...... We did ours in 2003 just in time ...
Our DR'S had an original time frame of 25 yrs then automatic renewal every 10 years UNLESS an instrument signed by the majority of the THEN OWNERS have agreed to consent to change in whole or part.....We are battling now about the wording of the then owners.... My personal attorney has told me that means all owners listed on the Deed MUST sign or the consent is not valid.....Our BOD seems to think it means majority of the lots which there are 299..... BUT this year we are working on rewording our DR'S and it has finally hit one of the BOD Members that the wording of the then owners means exactly what my attorney told me...He now is in a mixed state of mind as he was the author for our DR'S back in 1998 and they only had 154 signatures NT the majority of then owners....UH OH !!!! What a mess.... We are also asking for clarification on the whole or in part.......Are we allowed to consent to parts or the whole thing? With some of the revisions they have done they will NOT be agreed upon by the majority....... I sit on the commitee and have explained that we are a rural equestrian community made up of dirt roads and 3 acre lots...not a tree lined subdivision from Coral gables area.......... TOO MANY CITY REGS they want to put in.... I say if it aint broke dont fix it....But heh what do i know....I am just a member.........
Let me know what you find out about MRTA and if you need any further info feel free to drop me an email at my HOA email [email protected]
I use this for all HOA business....LindaC3

Paul, go back and re-read my post that you responded to.

We mailed out individual packages with explanations, the proposed language, and individual, pre-printed approval sheets that only had to be signed, dated, and mailed back to us in pre-addressed, pre-stamped envelopes. We're not going to visit each house, hand them a fruit basket, and beg them to approve the amendments.

We don't yet have even a simple majority and we need 75%. It is beginning to look like our community already has CC&Rs to fit the needs of the community members . The only ones to make a fuss are the ones that don't think they should have to adide by the original covenants (the ones that were in place when they bought their properties).

If we don't get the 75%, then the "members have spoken"; it's back to enforcing the original restrictions.

Do you have a better idea?

Mary,
I have never heard of 6 owners-6 signatures, 3 owners, 3 signatures required, etc. Every property that I own has on record, the signature of the "Voter of record" My husband and I are joint owners but I am the designated vote holder of the properties which is registered in the association office. I am required to sign ballots and any official papers because of the designation
.
A person owning mulitple lots is entitled to 1 vote for every parcel that they own as they are paying dues for each of those lots, therefore entitled to a vote per lot.

And how did your association get so screwed up? I think that you need much better counsil in the future. One thing that you need to do is to check your State (hopefully they have some)to see what kind of laws that you obviously have not been following.

It's true that everyone listed on the deed of a lot must sign, but as a group, they are "an owner" (one owner) for the purpose of approving an amendment. Unless you have some really strange wording.

Consider that a person could purchase one lot, sell or give joint ownership to 100 of his closest friends, and push through any amendment he wished. And I'm not talking parking on the streets, I'm takling business use, multifamily use, mining, etc. There has to be a mistake somewhere.

Linda,
Good Luck to you all. It sounds like you are long overdue for a change.

RonaldW: ..."Do you have a better idea?" Since you asked....

It is unfortunate that members were unable to follow clear directions, if given, since they did not sign off on the proposed amendments with their legal/given names to make their document legal and binding.

Now you are left with another situation...what do you do? Do you discount the
signed approval sheets of those who returned them using an invalid signature (nickname, etc.)? or do you go to them personally (without fruit basket or begging...) and request the correct signature just as they signed on the deed.

..."If we don't get the 75%, then the "members have spoken"; it's back to enforcing the original restrictions."
Ron, you are to be applauded for the effort you have put forth in this monumental task; it would be a great loss if it was not brought to fruition and 75% of members' signatures were not realized to allow the proposed changes to occur.

It sounds like the 'members have spoken'; they just didn't say their name correctly...Shame on them. Hopefully, this will be resolved with Kudos to YOU!

From our CC&Rs and by-laws (it's in both places):

"Owner" means the record owner, whether one or more persons or entities of the fee simple title to any Lot as per recorded plat ..............