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Is there a time limit on when filed amendments to deed restrictions can be challenged

Started by JessicaN14 replies • 868 views

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JessicaN1 (Kentucky)
Posts: 3
Posted:
Our HOA is newly formed (about 1 year now) by gathering the required percentage of signatures on a petition in favor of amending the deed restrictions to form one HOA to unit all the different sections of our subdivision. The HOA is very non restrictive and the assessments collected are only for the maintenance and upkeep of the shared common areas like the front entrance, signage etc. there are a few residence who keep threatening to sue claiming the HOA is illegal because they say there were some irregularities with the notarizarion of the signatures (not challenging that the signatures are valid, just the dating on the notarization). Does anyone know if there is a time limit or statue of limitation in Kentucky for how long they can wait before challenging the amendment petition in court? Everyone is tired of hearing the same people bring it up at every meeting and constantly on social media which confuses new residents to the neighborhood as they are being told by these people that the HOA is illegal. I was just wondering if we could eventually say it is too late to sue so stop bringing up irrelevant issues already.
TimB4 (Tennessee)
Posts: 21,059
Posted:
If you are under the KY
Condominium Act
challenges must be brought within the first year the amendment is recorded.

KY does not have an HOA act. Therefore, you will need to ask an attorney to find out what statutes would apply.

I will say that often, it's the technicalities that turn decisions.
If a signature wasn't notarized and they are required to be notarized, this could be an issue if and only if someone wants to take the issue to court.
JessicaN1 (Kentucky)
Posts: 3
Posted:
Thank you for your response. The signatures were notarized and the petition filed at the county. They do not like the date they were notarized which was done according to how an attorney advised it be done.
TimB4 (Tennessee)
Posts: 21,059
Posted:
Then unless they are willing to actually spend money and energy bringing legal action to challenge the amendment, consider them to simply be disgruntled that the amendment passed.
JessicaN1 (Kentucky)
Posts: 3
Posted:
Thanks. My biggest concern is for people just moving into the subdivision that are being told by these people that the HOA is illegal. Then they are trying to get them on board to sue. It is very confusing for the new owners because they weren’t here when the petition went around and many of the people who sold did not disclose there was an HOA and the new home owners did not get copies of their deed restrictions from the title company or realtor. So many people don’t know to request that. So to be able to one day say that yes there were some unhappy people but they had a chance to sue but did not and now the statute of limitations has run out would be much clearer then trying to explain the whole situation over and over and what parts of what they are being told is untrue.

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