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Subject: Timeline to File Amendment to Covenants?
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PatrickJ1
(Georgia)

Posts:2


08/29/2006 12:48 PM  
Hello,

A previous board followed procedures to gain the required votes (2/3) to pass multiple amendments to our covenants back in 2002.
The problem is that they never filed the paperwork with our county superior court.
Is there a limit to how much time you have to file the paperwork? Might I file the paperwork with the county now and have it completely legal?

Thank you.
Patrick

Note: This is in the State of Georgia.
RogerB
(Colorado)

Posts:5067


08/29/2006 1:04 PM  
Partick, call your county clerk's office to get information on filing the amendments.
GeraldT1


Posts:0


08/29/2006 1:12 PM  
PatrickJ1,

If the board re-ratifies/honors what was done in 2002, that should solve any statute of limitations on filing an amendment to covenants. That is if the state of Georgia has a deadline. You really should contact the superior court.

However, your post is good. If Georgia does have a deadline, I recommend you put the re-ratification of 2002 amendments on an agenda for an open meeting, mail the agenda along with what the changes are to the community, prior to re-ratification offer a brief opportunity for resident input, and re-ratify the amendments, then file them with the county superior court.

Best of success!!
GeraldT1
NNj
PatrickJ1
(Georgia)

Posts:2


08/29/2006 1:18 PM  
I spoke with the Fulton County Superior Court.

Apparently the "Real Estate Records" department handles the covenants etc after they are filed.

The "Real Estate Recording" department handles the amendments, gives them some numbers, and then moves them down to the "Real Estate Records" for filing.

The person I spoke with did not know of any timeline limitations. However I may find out differently when I get down there.

I appreciate everybody's input.

Patrick
JulieS
(Georgia)

Posts:412


08/29/2006 1:26 PM  
I'm in Georgia/Cherokee County, and I do not believe there is a deadline to file. We just did an amendment, 2nd attempt, and we could even use the consent forms collected from the first go around a year ago, which made my life easier. Everything is good until it passes and is filed.
RogerB
(Colorado)

Posts:5067


08/29/2006 1:33 PM  
Real property records are filed with the County Clerk. Following is an example of the form we use when filing amendments to the Declaration.

-----------------------------------------------------------------------
SECOND AMENDMENT TO THE DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS OF ____________________________

WHEREAS, the Declaration of Covenants, Conditions, and Restrictions of __________________________ was recorded 8/31/88 in book 0811, pages 0289-0347 and the First Amendment to the said Declaration was recorded 09/29/95 in Book 1291, pages 0334-0336, of the Property Records of the County of Douglas, State of Colorado; and

WHEREAS, Paragraph 3.2 of the said Declaration provides that the Declaration may be amended at any time and from time to time upon written approval of the amendment by Owners who are entitled to cast sixty-seven percent of the votes in the Association allocated to each class of membership; and whereas greater than sixty-seven percent of all Owners have voted in writing to approve amending the Declaration in the following respects;

NOW, THEREFORE the said Declaration is hereby amended as follows:

7.30 Roofing Materials
Roofing materials allowed are cedar shake shingles, regular and light-weight concrete tile, stone coated steel, slate and other roofing materials which from time to time may be approved by the Board of Directors. No fiberglass asphalt shingles may be used. All roofing materials require approval by the Design Review Committee. Approval shall require materials of high quality and an appearance which is in harmony with roofing materials on other houses in the Association.

IN WITNESS THEREOF ______________, President and ________________, Secretary/Treasurer of The ______________ Homeowners Association, Inc., a Colorado nonprofit corporation, execute this amendment.

THE ________________________ HOMEOWNERS ASSOCIATION, INC


By: ____________________________ By:_________________________
_________________, President ________________, Secretary/Treasurer



STATE OF COLORADO )
) ss.
County of Douglas )

The foregoing instrument was acknowledged before me this _______ day of _________________, 2005, by ________________, President and _________________, Secretary/Treasurer of The _______________________ Homeowners Association, Inc., a Colorado nonprofit corporation.

Witness my hand and official seal.

My commission expires: _______________


_________________________________
Darcy Borcherding, Notary Public














MichaelS8
(Georgia)

Posts:3


09/05/2006 5:35 PM  
We are going throug the same process and I'm in Fulton as well. I would not suggest attempting to file any documents without the services of a real estate attorney. I was told that even after documents are filed that they can be challeged and overturned. I believe the statute of limitations is seven years. Do yourself and boards down the road a favor and seek legal advice. Anyone can pretty much have any instrument recorded. We keep a detailed logbook with original signatures to avoid such a problem.
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