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MrM (Oregon)
Posts: 1
Posted:
We are a small group of homeowners, not a HOA, in an upscale riverfront area in Oregon whose republication and extension of the CCR's expired before we realized it. That CCR extension stated that " the owners are empowered to republish and extend the covenants by declaration of the owners of the majority of said lots". Another rule was "that no temporary structure or building shall be occupied as a residence or otherwise, including but not limited to tents or trailer houses". One guy who purchased his lot while the CCR's were still effective, lives in the summer in a camper that he brought in after the CCR's had expired. Another buyer is bringing in a 5th wheel and camping out with his family and pals. He bought after the CCR's expired and may eventually leave the 5th wheel permanently. The homeowners now want to reinstate the CCR's to get rid of the trailer style living. Who will then be bound to the new CCR's? Only those who sign on? All previous owners under the original CCR's? What about the second guy who bought when they were expired? What if neither of these guys sign on to the new CCR's? Are they bound to follow the rules? Do the signatures have to be notorized when signing CCR's? Any thoughts or advice would be welcome.
TimB4 (Tennessee)
Posts: 21,059
Posted:
M,

What is the exact language that are in the covenants which makes you think they have expired (it might just be a mus-interpretation)?

Covenants are considered a civil contract. A contract can not be put in place unless all parties agree. Therefore, if the covenants have truly expired and someone doesn't want them placed back onto my deed, I don't believe that you can force them to agree to it.

Had the membership extended the deed restrictions while they were still in effect, then you likely wouldn't need to have 100% agree.

I'd suggest that you speak with an attorney versed in property and contract law to see what your legal options are. This would be the same advice I would give the individual who has the trailer parked on the property.

Hope it helps,

Tim

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