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MarkC17 (Florida)
Posts: 6
Posted:
Please tell me, Can covenants be amended to be more restrictive?
I have always heard that covenants could be amended to be less restrictive but not more restrictive. I don’t find the topic addressed in the FS 720. I found the amendment statutes and our association documents reflect the state statutes of a quorum of 30% with 50% +1 of them voting affirmative to amend the covenants. Can that small percentage of people really increase restrictions on the whole community.
Examples
We have never had a official exterior color palate, now some want to add one;. Can the covenants be amended to add a color pallet and restrict the colors allowed?
We have had no official restrictions on the size of sheds, now some want to make 10x10 the largest size and require it to be on a concrete slab and not allow window A/C. Can the covenants be changed to restrict the size of sheds and control the construction methods?
Would that be legal? If so would people who bought houses under the old rules have to modify their property to conform to the new rules?

According to our documents, Covenants exist to enhance property values.
........ the Existing Declaration which are for the purpose of protecting the value and desirability of the Property, .......

Property values are ultimately the result of supply and demand. If a rule helps keep our community nice an din demand then it seems we should welcome it. If a rule reduces the demand for the property then it seems it should not be allowed.

Where are we legally on the question of adding more restrictive covenants?

Thanks
GlenL (Ohio)
Posts: 5,491
Posted:
You can but the things you've stated seem to me to be best handled by the Board setting ARC standards, the down side of which is future Boards can change them, the up side is you don't have to amend the Covenants if you want a new paint scheme.

If so would people who bought houses under the old rules have to modify their property to conform to the new rules?

This is where grandfathering comes in, if the color, shed etc. exists before the change and was within the Covenants then it stays UNTIL it is time to replace it OR possibly if the property is sold.

Studies show that 5 out of 4 people have problems with fractions
KevinK7 (Florida)
Posts: 1,343
Posted:
In this situation yes.

From my understanding, in Florida, and possibly any other state, restrictive covenants can be amended to be more restrictive with a simple majority, but when negative covenants are attempted to be converted to affirmative covenants (you cannot do something vs. you must do something) then 100% of the effected homeowners need to approve. Of course things can always be challenged.

Glen has some good advice.

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