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| Author |
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CharlesH9
(Michigan)
Posts:82
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| 08/05/2008 4:33 PM |
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I think after 15 years, you can ammend them and then in 5 year increments from there. The reason I believe this is that it states "at that time" meaning in 15 years if you don't ammend something you know only have to wait 5 years this go around.
Just my take on it but I appreciate everyone else's take. |
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TracyT
(Maryland)
Posts:220
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| 08/05/2008 6:41 PM |
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Charles,
There appears to be two things happening in "this" section, provided there is no other mention of "changing the covenant", as you indicated . . . 1) how long the covenant is in effect and the fact that it automatically renews its self, IF no action is taken. And 2) the actual covenant change mechanism . . .
My two cents with regard to "At that time" refers to the "automatic renewal" period only - after 15 years (i.e. mine is 30 years), then every 5 years. Again, IF no action is taken.
IMO the phrase "unless a majority of the Current homeowners of lots sign and record an instrument changing them" gives the HOA authority to pursue change.
As an aside, I noticed your by-law requires 2/3 to change vs. the covenant of 51%. In my experience it is the other way around (e.g. harder to change the restrictions then operation procedures). Just an observation . . . but I also think the by-law is where you might need change . . . The BODs authority to change rules w/o HO vote/input.
If your HOA is really considering a change to the covenant (vs. the by-law) be sure to ask the attorney if there is room for "change" after s/he has read the entire document.
T
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MaryA1
(Arizona)
Posts:2498
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| 08/06/2008 8:41 AM |
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Posted By TracyT on 08/05/2008 6:41 PM
Charles,
There appears to be two things happening in "this" section, provided there is no other mention of "changing the covenant", as you indicated . . . 1) how long the covenant is in effect and the fact that it automatically renews its self, IF no action is taken. And 2) the actual covenant change mechanism . . .
My two cents with regard to "At that time" refers to the "automatic renewal" period only - after 15 years (i.e. mine is 30 years), then every 5 years. Again, IF no action is taken.
IMO the phrase "unless a majority of the Current homeowners of lots sign and record an instrument changing them" gives the HOA authority to pursue change.
As an aside, I noticed your by-law requires 2/3 to change vs. the covenant of 51%. In my experience it is the other way around (e.g. harder to change the restrictions then operation procedures). Just an observation . . . but I also think the by-law is where you might need change . . . The BODs authority to change rules w/o HO vote/input.
If your HOA is really considering a change to the covenant (vs. the by-law) be sure to ask the attorney if there is room for "change" after s/he has read the entire document.
T
Tracy,
The point I have tried to instill in Charles is that this section only pertains to amending the "term" of the CCRs, not amending the CCRs itself! There is a big difference. According to Charles there is no other clause in the CCRs allowing for amendment of the CCRs, which I find absolutely unusual.
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GeorgerwilliamsW
(Indiana)
Posts:768
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| 08/06/2008 9:12 AM |
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Does anybody know why the declaration of covenants has an expiration date to begin with? What special features does such an expiration provide, particularly since there is an automatic renewal clause. Why not simply a perpetual covenant that attaches to the lot/unit?
The expiration date does not seem to confer any special benefits for amendment, as far as I can determine.
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MaryA1
(Arizona)
Posts:2498
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| 08/06/2008 10:20 AM |
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Posted By GeorgerwilliamsW on 08/06/2008 9:12 AM
Does anybody know why the declaration of covenants has an expiration date to begin with? What special features does such an expiration provide, particularly since there is an automatic renewal clause. Why not simply a perpetual covenant that attaches to the lot/unit?
The expiration date does not seem to confer any special benefits for amendment, as far as I can determine.
IMO, it may have something to do with the fact that CCRs are restrictive covenants that "run with the land", meaning they are in place perpetually. Having an expiration clause gives the h/o's the ability to get out of the "running with the land" aspect of it. Just my opinion; I'm not an attorney!
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