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JimM16 (West Virginia)
Posts: 4
Posted:
Our association was developed during a period of time between 1974 and 1991, when the last properties were sold by the original developer. The original covenants were filed in 1974 and then as new sections opened up there were additional covenants put into place that only applied to one or more of the new sections. As a result we have a set of covenants with eight different dates. The original period was 25 years and then followed by automatic 10 year extensions. Any attempt to get to a single set of covenants is almost impossible to do because of the multiple dates.

I seem to recollect that sometime in the past something similar came up on, I believe HOATalk, but may have been elsewhere, that there was a way of taking a first step to get the dates aligned and then subsequently making actual changes, assuming the appropriate membership approval.

Assuming I wasn't dreaming this, can someone point me to such a discussion? Thank you.

MelissaP1 (Alabama)
Posts: 13,836
Posted:
Where are you getting these multiple copies from? Other members? There should be 1 set recorded in the records department at your local county courthouse. You all can change and modify your documents by following the procedures within it. Which are different for each HOA and state in many cases. You will need a lawyer to assist you in this even for filing purposes.

Former HOA President
JimM16 (West Virginia)
Posts: 4
Posted:
The original covenants were filed as a single large document. Then as new sections of the association were opened and lots sold, a single covenant, if required, applying to that new section, was filed. It included refer backs (book and page) to the original. Here's an example of one of them.

"The Protective Covenants and Restrictions for Sections
Sand Spring, Deer Ridge,Cabin Mountain, Blackwater, Yoakum Run
and Spruce Glades are recorded in the Tucker County Clerk's Office
in Deed Book 85 at page 10, Deed Book 85 at page 80, Deed Book 89
at page 434 and Deed Book 93 at page 456 and reference is hereby
made to said recordings as though the entire contents and context
thereof were textually incorporated herein and to have the same
force and effect as though so done.
JohnC46 (South Carolina)
Posts: 14,265
Posted:
Jim

As you explain it when housing sections were added (different names or not), all their deeds refer back to the original Covenants. Thus are not all sections operating under the same covenants?

We are all the same name HOA but we did have Phases A-B-C added at various times but the original Covenants did say the declarant could add "sections".

I guess I do not see an issue. If I am missing something, please let me know what.

Thanks
JimM16 (West Virginia)
Posts: 4
Posted:
"As you explain it when housing sections were added (different names or not), all their deeds refer back to the original Covenants. Thus are not all sections operating under the same covenants?"

As new sections were added, the additional covenants only apply to the new section. Here are some examples: No ATVs on the roads. No dusk to dawn outside lights. With the Associations approval, a lot could be divided, as long as any resulting lot is at least 2 acres. For all other sections the minimum had to be 5 acres.

"I guess I do not see an issue. If I am missing something, please let me know what."

As each of these were added, it seems to have reset the clock which gets me back to the question of whether there was a discussion on how to first get all the covenants aligned date wise before attempting any changes.

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