No Expiration Date on Covenants

Started by RandalR • 2 replies • 1636 views

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RandalR (Tennessee)
Posts: 98

Posted:

Our HOA (in TN) is in the process of voting on revising our covenants. One of the arguments being used is that our current covenants are invalid because they don't have an expiration date. Is this a true statement? If it is true and the revised covenants don't pass does this mean that residents do not have to abide by the restrictions that exist now?

RonaldW (South Carolina)
Posts: 901

Posted:

You need to talk to your HOA attorney about this. Get a written legal opinion. I would do this ASAP.

Ron
SC

RogerB (Colorado)
Posts: 5,067

Posted:

Posted By RandalR on 12/29/2006 11:27 PM
Our HOA (in TN) is in the process of voting on revising our covenants. One of the arguments being used is that our current covenants are invalid because they don't have an expiration date. Is this a true statement? If it is true and the revised covenants don't pass does this mean that residents do not have to abide by the restrictions that exist now?

Your Covenants appear to have a pertetual term. They do not need to be revised but it you try and fail they are still in force pertetually since nothing has changed.

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