💬 Join us to post & get advice from 50,000 HOA & Condo leaders.

Create Free Account →

⚡ Takes 30 seconds

Already a member? Log in

SharonB13 (Oklahoma)
Posts: 2
Posted:
non profit Rolling Oaks Association, INC. in Checotah, OK, the dues are voluntary, the CCR's expired in 2012 but the association is still using some of the amended CCR's since 2010. We have one 6 acre empty lot(fraternal recreation area) that is maintained by the association and dues are $50-$150 a year depending on size of the owners lot. Are we allowed to rewrite and amend the expired CCR's. The Rolling Oaks Association also pays the yearly taxes $60 out of the dues for the 6 acre's. Our CCR's are simple and to the point to keep our property values up.
Also, the ownership of the 6 acre lot ownership was turned over to the property's that back up to the acreage. We are responsible for liability insurance not the association, but we have promised the fraternal recreation area to the association for mowing and everyone's enjoyment. This is our only common area. The 6 acre(fraternal recreation area) can not be sold or developed for anything and we are not going to deed it to the association.
Should we hire an attorney?? I am the President and faithfully just trying to do the right thing. Please, I will appreciate all comments and reply's.
Sharon Bass, President Rolling Oaks Association.
TimB4 (Tennessee)
Posts: 21,059
Posted:
Sharon,

Please read the posting rules for the forum.

Typically CC&Rs are written with an auto-renewal. Is this the case with your Association?

You asked:
Are we allowed to rewrite and amend the expired CCR's?

This will depend on the language within the CC&Rs and if the CC&Rs actually expired or not.

If they expired, you will likely need 100% approval of all lots/units affected by the proposed amendments. If the CC&Rs are not expired, you will need to follow the procedures outlined within the CC&Rs.

You also discussed a lot about the common area that may or may not belong to the Association but is being maintained by the Association. I'm not sure why that information was included (it simply wasn't clear). Remember that what may be common knowledge to you is not common knowledge to those on this forum. Nor will it be common knowledge to others you consult with.

Since you specified that the CC&Rs expired but that you are still using them and desire to amend them, then my suggestion is to consult with an attorney to find out the actual status and legal authority your Association does or does not have.

Hope this helps,

Tim

SharonB13 (Oklahoma)
Posts: 2
Posted:
Tim,
Thank You for your input. I had a gut feeling an attorney may be needed. This neighborhood association covenants were written in 1962 and had an expiration date to be null and void after 50 years which was 2012. This neighborhood is on a lake and keeping the property values up is our main concern.
Sharon

🎯 You've read this entire discussion

Join the conversation with 50,000 HOA & Condo Leaders:

  • ✓ Ask follow-up questions
  • ✓ Share your experience
  • ✓ Get expert advice
  • ✓ Access 350,000 discussions
Create Free Account →

⚡ Takes 30 seconds

Already a member? Log in here