Multiple versions of CC&Rs

Started by DarylF • 2 replies • 1135 views

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DarylF (Washington)
Posts: 157

Posted:

We had a space cadet of a property manager (I don't know if this was her fault, but it wouldn't surprise me...) when our neighborhood was built, different people in the community received and signed different versions of the CC&Rs. I know of at least two version and others said there are at least four versions! We only have 87 homes.

To date there really hasn't been any significant conflict. The board specified which one was the real one and handed out copies at a meeting. Everyone with different versions seemed to just accept that so I don't think there will be any issues.

However, I'd think someone could raise a real stink over differences being enforced if they wanted to? Is there something the board should do to cover their behind?

RogerB (Colorado)
Posts: 5,067

Posted:

Daryl, I would check with the County Clerk's office to determine the official Declaration of CC&Rs on file. Normally the Declaration of CC&Rs is filed by the Developer before homes are sold. Once this is established provide the official copy of the CC&Rs to all owners. If there were valid amendments filed after the original Declaration of CC&Rs was filed then those amendments to the CC&Rs should also be provided to all owners.

SusanW1 (Michigan)
Posts: 5,202

Posted:

The HOA Secretary should be the gatekeeper for all legal documents. What say that person?

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