Cost of revising existing covenants

We have a small community of 42 lots and 40 existing homes. Our original covenants were very poorly written and we have until August 2012 to revise the covenants or they go into effect for five more years.

Some of the board members are panicing about the cost of doing this and are anticipating legal feels ofr $10,000 - $15,000.

Can't we do this ourselves? The changes are not overwhelming - just more definitive plus we need to add a clause for fines when covenant items are broken by homeowners.

Is there a place on the web with a standard set of covenants that we can use to type up the new covenants ourselves and then file them with the county court house?

Please check Florida statutes in this regard. In Louisiana changing of the covenants require a vote of the membership,eg., "Existing building restrictions may be made more onerous,or increased by agreement of 2/3rds of the lot owners and may be made less onerous, reduced or terminated by agreement of more than 1/2 of the lot owners. ( RS 9.1141.6) Speed a little money on attorney's fees and do it right. JI

Brenda, don't forget after you make the changes and hopefully have them vetted by the HOA attorney to make sure they comply with applicable state laws and get them approved by the homeowners, you need to give the mortgage holders a chance to vote on them also. Now the majority of mortgage holders will ignore the request; so there should be language in the CC&R's if it is not there now to handle this. Something along the lines of this: (But get your attorney to write it.)

This Declaration and the By-Laws attached hereto as Exhibit C may be amended upon the filing for record with the Recorder of County, of an instrument in writing setting forth specifically the item or items to be amended and any new matter to be added, which instrument shall have been duly executed by the Unit owners entitled to exercise at least seventy-five percent (75%) of the voting power of the Association. Such Amendment must be executed with the same formalities as this instrument and must refer to the volume and page in which this instrument and its attached exhibits are recorded and must contain an affidavit by the President of the Association that a copy of the amendment has been mailed by certified mail to all mortgagees having bona fide liens of record against any Unit ownership. No amendment shall have any effect, however, upon a bona fide first mortgagee until the written consent to such amendment of such mortgagee has been secured. Such consents shall be retained by the Secretary of the Association and his certification in the instrument of amendment as to the names of the
consenting and non-consenting mortgagees of the various Units shall be sufficient for reliance by the general public. If less than all mortgagees consent to an amendment to this Declaration and / or the By-Laws attached hereto as Exhibit C said amendment or modification shall nevertheless be valid among the Unit Owners, inter sese, provided that the rights of a non-consenting mortgagee shall not be derogated thereby. No provision in this Declaration or By-Laws attached hereto as Exhibit C may be changed, modified or rescinded, which, after such change, modification or rescission would conflict with the provisions of Chapter 5311, Ohio Revised Code, nor may any amendment be made to the percentage interests set forth in Section 3.3(B) without the prior unanimous approval of all Unit owners and their respective mortgagees, except as provided in Article of this Declaration.