Binding ammended covenants to the deed

Started by GaryM15 • 3 replies • 878 views

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GaryM15 (North Carolina)
Posts: 63

Posted:

I understand how the original CC&Rs are legally binding by being referenced in the deed by book and page.

I would like to know is how amendments to the CC&Rs are bound (referenced) to the deed or to the original CC&Rs. That is, how does a potential buyer, title insurance company, or court know about the amendments?

MelissaP1 (Alabama)
Posts: 13,836

Posted:

They are required to be filed when updated. Plus CC&R's and Articles of Incorporation documents are considered PUBLIC documents. It's the potential buyer's responsibility to be "informed". However, many states make it so the seller has to provide the documents. The other parties you mention usually don't have a need to know this information. They are not members nor have an interest in the HOA. The potential buyer does. However, they still aren't HOA members till they sign the dotted line.

Former HOA President

JanetB2 (Colorado)
Posts: 4,219

Posted:

Quote:

Posted By GaryM15 on 09/25/2017 8:20 PM
I understand how the original CC&Rs are legally binding by being referenced in the deed by book and page.

I would like to know is how amendments to the CC&Rs are bound (referenced) to the deed or to the original CC&Rs. That is, how does a potential buyer, title insurance company, or court know about the amendments?

The same as your CCR's they are properly voted on by your membership and then properly filed with your County Records. If any amendments are not filed in many States they are potentially not legal or valid.

JohnC46 (South Carolina)
Posts: 14,265

Posted:

Gary

I believe in some states the amendments need to be filed with each piece of property they cover. In other states they need be filed once. YMMV

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