Board Expaning or enlarging the covenants

Started by KarenW10 • 4 replies • 1110 views

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KarenW10 (Georgia)
Posts: 3

Posted:

What power does the following line in our covenants give the board? Can the board use this to add restrictions to the covenants? What about adding fines for non-compliance?

"In all cases, the covenants and restrictions herein contained shall be construed and interpreted in a manner which, in the opinion of Declarant, will best effect the intent of the general plan of development and maintenance herein set forth. These covenants and restrictions shall be liberally interpreted, and if necessary, extended or enlarged by implication as to make them fully effective."

JohnB26 (South Carolina)
Posts: 1,569

Posted:

short answer:

Dictatorial Power (while declarant is in control)

SureshD
Posts: 268

Posted:

Assuming your community is not forming an HOA at this time (and would thus be the "declarant"), I don't think the BOD (or Membership) have any rights or "powers" defined within THAT specific language. Only the declarant which is typically the community's developer.

If you have taken control of the HOA from the declarant then look elsewhere in your docs. for "ammendment" process language.

MaryA1 (Arizona)
Posts: 7,043

Posted:

Karen,

IMO, this article only applies to the declarant who is no longer around. In most instances an amendment is not required to remove articles that only apply to the declarant; however, this may be the exception to the rule -- for two reasons. The BOD should have the power to interpret the CCRs and the members should have the power to amend the CCRs. In this article only the declarant is given this power. If there are other articles giving the board the power to interpret and the members the power to amend, then an amendment would not be required, and, in which case, this article would just be disregarded. But if that is not the case, then an amendment is certainly in order.

With regard to imposing fines for non-compliance, the board only has this power if so stated in the CCRs. Look under the article entitled "enforcement". If this power is not given to the BOD in the CCRs then that should be another topic to add to the amendment. To try to enforce w/o the ability to fine is more or less meaningless.

KarenW10 (Georgia)
Posts: 3

Posted:

Thanks for the advice. I was grasping at straws. Our covenants are meaningless because they have no "teeth". With the latest ruling here in Georgia that only the homeowners who signed amendments are bound by them if the changes further limit their use of the property, we don't see the point in trying to amend the covenants. The ones who have the most violations won't sign.

Thanks again for the advice,

Karen

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