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Subject: DPCRs + CC&Rs ? or vs. CC&Rs ? (I'll explain)
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MarcoS2
(Washington)

Posts:25


05/18/2021 3:53 PM  

hi all, I am Architectural Committee in our 93 plat HOA community, 3-person non-compensated residential Board: President, Treasurer & Secretary ....our HOA incorporated in 1969 and thru the years since then, there have been 2 major, full revisions to our entire CC&Rs: one in 1985 and one in 1998, the 1998 version of our CC&Rs being the most up-to-date & current, and what our HOA and community go by (of course, formally filed in our county auditor's office).....that said, there is a conflict in a call-out on types of homes allowed to be built between what our current 1998 CC&Rs dictate and what something called the Declaration of Protective Restrictions & Covenants calls-out in from 1969 .....questions: 1) are CC&Rs and DPRCs the same thing ? (ie: that is what CC&Rs were referred to in 1969 at times) .....2) are all former versions / iterations of CC&Rs overridden by the most current version / iteration of our CC&Rs ? we understand that the previous versions / iterations are filed so we have reference to how things used to be dictated or how things used to be conveyed, and a reference for when things were changed or revised but it is our 1998 CC&Rs that is the doctrine guiding our HOA and community ......all input / feedback / insight appreciated, thank you (to note: we are WA State)
SheliaH
(Indiana)

Posts:4239


05/18/2021 5:06 PM  
If the most recent documents are called CCRs, I'd go by that. I would also think the 1998 version of the CCRs is what you're supposed to go by today. For more guidance, you might want to consult your association attorney.

By the way, write in paragraphs next time - ellipsis are too confusing and you're not using them correctly (they're supposed to be used when omitting a word that's superfluous {unnecessary} because everyone knows what you're talking about.

KerryL1
(California)

Posts:8620


05/18/2021 5:47 PM  
I tend to agree with Sheila. the '98 version, which is recorded, prevails. This is especially so if the bulk of the '98 version is similar to the older ones. Btw, what does "DPCR" stand for.

It never hurts, though, to get the written opinion of an HOA or contract attorney.

Out of curiosity, though, you might want to look up the history of CC&Rs and DPCR to see how it changed. I'll bet it's pretty easy to find. I suspect the last 2 letters of DPCR stand for Covenants & Restrictions?? Same as 2 of 3 letters in CC&R?
MarcoS2
(Washington)

Posts:25


05/18/2021 5:57 PM  
see my initial post above: Declaration of Protective Restrictions & Covenants ......we will no-question be running this by our HOA attorney, just wanted to get this consensus of opinion as well......still taking all feedback / insight / opinions, thanks
CathyA3
(Ohio)

Posts:2475


05/19/2021 8:15 AM  
I'd also lean toward CC&Rs since that's the most current. For completeness, though, how does current state law governing HOAs refer to these things?

For what it's worth, in my state Declaration = CC&Rs and Declaration/CC&Rs + Bylaws = governing documents.
AugustinD


Posts:1695


05/20/2021 2:29 PM  
Posted By MarcoS2 on 05/18/2021 3:53 PM

2) are all former versions / iterations of CC&Rs overridden by the most current version / iteration of our CC&Rs ?
Normally I would expect the wording of the 1985 and 1998 should say a lot about whether either or both replaces the 1969 covenants in the latter's entirety.
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Forums > Homeowner Association > HOA Discussions > DPCRs + CC&Rs ? or vs. CC&Rs ? (I'll explain)



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