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Thursday, September 24, 2020

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Subject: Updating and Changing our CCR
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09/15/2020 5:21 AM  
Trying to update our CCR's (Kansas) and in the past the board was advised that the CCRs could not be modified unless in a specific year due to this clause in the original CCR's under General Provisions. Can anyone shed light on why if we have 2/3rds vote today that we would have to wait until 2024 (ten year mark)

Section 1. Duration. The Covenants and restrictions of this Declaration shall
run with and bind the land, and shall inure to the benefit of and be enforceable by
the Association and its Member, or the Owner of any land subject to this
Declaration, their respective legal representatives, heirs, successors, and assigns,
for a term of ten (10) years from the date this Declaration is recorded, after which
time said covenants shall be automatically extended for successive periods of ten
(10) years unless an instrument signed by the then-owners of two-thirds of the
Lots has been recorded, agreeing to change said covenants and restrictions in
whole or part.


09/15/2020 6:29 AM  
I think you mistunderstood. This says the CCRs would automatically be extended every 10 years UNLESS two thirds of the owners agree to change them. So you can go ahead and work on your amendments and put them to the homeowners for a vote

That said, most of us on this website aren't attorneys and what's on in my state may not be the case in yours. It's not a good idea to get legal advice on specific issues from the internet anyway, so do this correctly. If you're on the board, you and your colleagues need to talk to your association attorney to guide you through this process. You might also want to commission a special committee of homeowners who can take a close look at the documents to see what should be changed and then they can make recommendations to the board.

I think the community association institute website (CAI) also has educational materials on best practices when you want to amend your documents. They aren't expensive so have a look and consider buying a few copies. There are also old a nd recent conversations on this subject you can learn from, but don't respond to the old conversations- they're done. Start a new conversation with more questions if you need to. Good luck!
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Forums > Homeowner Association > HOA Discussions > Updating and Changing our CCR

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