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Subject: WV new HOA
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Author Messages
SandyC
(West Virginia)

Posts:18


01/17/2007 11:03 AM  
Our community is only 12 homes. The builder created an HOA with by-laws etc. but never enforced anything and didn't turn over the HOA to the community until after 2 years.
Now the homeowners, myself included, have the by-laws etc. and the majority of the homeowners 11 out of 12 what items changed. For example:
no outbuildings, storage barns, or storage buildings made of metal shall be constructed, place, or located upon any lot. (Most people have a metal type shed)

no boats, trailers, campers are to be parked on any lot unless stored and parked in an enclosed garage with walls and/or doors on all four sides of garage. (3 home owners have boats)

it also stated the builder would pick the mailboxes but he did not and each homeowner selected their own.

Now ONLY one homeowner is being adamant about these covenants and restrictions. Everyone else agrees we the homeowners should change some of them.

My question: Since the builder wrote these and never enforced them (if you will)and now the HOA has been officially turned over to the homeowners can we change some of the articles? If so, what is needed?

Thank You for you help.
RogerB
(Colorado)

Posts:5067


01/17/2007 1:26 PM  
Sandy, yes you can amend the Declaration. The approval required should be specified in the Declaration. I would prepare the amendment and then take a ballot vote signed and dated by each owner. If it passes then file the amendment with your County Clerk. An example of a filing document can be viewed at CypressGreensHOA.com by clicking on documents, then Declaration 1st amendment. Keep the signed ballots as proof in case anyone challenges the filing.
SandyC
(West Virginia)

Posts:18


01/17/2007 1:51 PM  
Can we do the amendment right away or do we have to wait?

This is great!
GlenL
(Ohio)

Posts:5491


01/17/2007 2:02 PM  
Like Roger said follow the directions for amending that are in your CC&R's. You don't have to wait a specific time (unless your CC&R's require it) to amend. After the changes are approved you will have to file them with your county recorder's office which will charge you a nominal fee to do so. Be careful of the changes you make; once they are approved and filed they become legally binding.

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