BrandiT (Tennessee)
Posts: 3
Posts: 3
Posted:
In TN, can a developer amend CCR's and not notify the homeowners of the changes?
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Started by BrandiT • 9 replies • 331 views
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MelissaP1 (Alabama)
Posts: 13,836
Posts: 13,836
Posted:
The Developer owns the HOA, NOT the owners. They are the ones whom if you read the documents have the majority voting powers. They can ammend and change per what the documents say they can considering they have majority voting. If do not like it, once the owners take over then change it. That is when the owner's can do it.
Former HOA President
BrandiT (Tennessee)
Posts: 3
Posts: 3
Posted:
I understand that but it seems like not notifying the homeowners that there are changes to the CCR's is an issue. How can you be expected to adhere if you don't have the most current CCR's?
MelissaP1 (Alabama)
Posts: 13,836
Posts: 13,836
Posted:
Unfortunately, you have little options. You can request a copy but expect to pay for those copies. The other choice is to go to the records department at the county for the CC&R's. The Articles of Incorporation is on the State. Those two documents are considered PUBLIC. The By-laws maybe filed with the CC&R's but usually the HOA/developer should have that copy.
Former HOA President
TimB4 (Tennessee)
Posts: 21,059
Posts: 21,059
Posted:
Quote:
Posted By BrandiT on 08/10/2023 5:10 PM
I understand that but it seems like not notifying the homeowners that there are changes to the CCR's is an issue. How can you be expected to adhere if you don't have the most current CCR's?
I understand that but it seems like not notifying the homeowners that there are changes to the CCR's is an issue. How can you be expected to adhere if you don't have the most current CCR's?
I suspect that this has already happened. Therefore, the answer appears to be yes.
I agree that the developer should have notified the membership and provided copies of the amendment.
Perhaps they did and the notice was overlooked.
Perhaps they never notified the members.
Perhaps they posted it on a website.
The question becomes, how to fix this in the future.
Perhaps you could volunteer to create a newsletter for the community.
If you don't have the time, you could make the suggestion to the board.
ElleN (Idaho)
Posts: 4,420
Posts: 4,420
Posted:
Quote:
Posted By BrandiT on 08/10/2023 5:10 PM
I understand that but it seems like not notifying the homeowners that there are changes to the CCR's is an issue. How can you be expected to adhere if you don't have the most current CCR's?
I understand that but it seems like not notifying the homeowners that there are changes to the CCR's is an issue. How can you be expected to adhere if you don't have the most current CCR's?
MickJ (Tennessee)
Posts: 20
Posts: 20
Posted:
A little off subject, but I've drafted legislation to limit the period for which the developer can remain in control of an HOA. I have both a Senator and State Representative lined up who will carry the legislation to the next General Assembly but need a broader base of support from residents across the State of Tennessee. If you're interested in joining in I'd like to talk with you.
KerryL1 (California)
Posts: 14,550
Posts: 14,550
Posted:
How do you know about the amendment(s) if there was no notification?
JohnC46 (South Carolina)
Posts: 14,265
Posts: 14,265
Posted:
Quote:
Posted By BrandiT on 08/10/2023 5:10 PM
I understand that but it seems like not notifying the homeowners that there are changes to the CCR's is an issue. How can you be expected to adhere if you don't have the most current CCR's?
I understand that but it seems like not notifying the homeowners that there are changes to the CCR's is an issue. How can you be expected to adhere if you don't have the most current CCR's?
Like it or not is not the question.
TimB4 (Tennessee)
Posts: 21,059
Posts: 21,059
Posted:
As others have said, it is typical for the developer to have the right to amend the covenants. Specifics on how often and when would be within your Covenants themselves.
Regarding not providing copies, I agree with you that copies should be provided to current members whenever a change occurs (regardless who changes them).
Unfortunately, it's difficult to correct when it's done by the developer.
Fortunately, exterior changes typically require prior approval so if a change violates a new covenant, you should know prior to spending too much on the change.
I can't suggest how to fix it except to bring the issue up at the annual meeting (if your Association has those yet) or check with an attorney for legal options.
Regarding not providing copies, I agree with you that copies should be provided to current members whenever a change occurs (regardless who changes them).
Unfortunately, it's difficult to correct when it's done by the developer.
Fortunately, exterior changes typically require prior approval so if a change violates a new covenant, you should know prior to spending too much on the change.
I can't suggest how to fix it except to bring the issue up at the annual meeting (if your Association has those yet) or check with an attorney for legal options.
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