Process to update CC&R's

Quote:

Posted By DerekH2 on 03/06/2018 4:29 PM
Hello,

My place is in one of those no HOA but do have CC&R's. Unfortunately I didn't understand what CC&R's were when I bought the place and no one in the neighborhood generally cared nor enforced them. But now someone has bought the lot across the street and is building. They have already complained about a shed I put up which prompted me to look up the CC&R's and read them. Its my fault as I asked about HOA's and told there wasn't one so assumed was just governed by city/state laws/ordinances but now I know I was wrong. The question is, what is the process to modify/remove CC&R's. They read as follows(initial signature date is 2/1/2005):

Your State Statutes regarding HOA can be found here: http://app.leg.wa.gov/rcw/default.aspx?cite=64.38 . You need to read through them to fully understand your rights. You also as reading need to see if there are any statutes such as which my state has regarding your issue for your shed. In my state if someone builds an item such as a shed violating the CCR’s and if the HOA does not address and file a suit against the individual within one year the HOA is out of luck on the issue ... the person gets to keep what they built.

"Such reservations shall be binding and effective for a period of 25 years from the date hereof, at the end of which time they shall be automatically extended for successive periods of ten years, unless an instrument signed by a majority of then owners of the lots within such platted area has been recorded, agreeing to change said covenants and restrictions in whole or in part.

EXCEPT, however, in the event that it appears to the advantage of this platted subdivision that these restrictions should be modified, then and in the event, any modification desired may be made by affirmative vote of the instant owners of 80% of lots within this subdivision and evidenced by suitable instruments filed for public record: or if such event occurs such modification or waiver of nonconformity may be evidenced by special permission in writing by the primary developers, or their successors as developers without such vote of other owners, PROVIDED, however, that such modifications or waiver shall not affect Section 1, following:"

The way I understand it, at this point I need 80% concurrence from current owners to modify. Ideally, I would like to get the necessary concurrence and have them completely voided, just not sure what the process and procedure is or where to start. I know I will need to seek a lawyer to assist I am sure but curious what the full process and possible cost might be prior to going down that road. Maybe I will just sell it

What is the date your original CCR’s were filed? Also, are you still under Developer control (as developers can be given under the State laws some extra perks and which varies by states). From what you posted they are binding for 25 years from that date and automatically extended for successive 10 year periods until such time as majority of owners file to not have extended ... However, be sure to check with your State Statutes as those can supercede what your documents state. For example in my state some documents might state similar to yours requiring 80%; however, the State Law in my state notes that would be null and void and only 67% required. If you need to hire an attorney the cost can vary depending on circumstance and length of time needed to resolve the issue. When owner’s in my last HOA sued developers the cost was kept down on our side because I did a lot of the work which would have been done by the attorney’s paralegal. Also, something else you need to look for in your State Statutes is potentially who is responsible for legal fees. In my state the entity who looses in a lawsuit can end up responsible for BOTH their legal fees and the HOA legal fees or vice versa. In our lawsuit the Developer ended up paying the owners a settlement. In some states due to the laws you need to be sure you are the person wronged and have high probablility of winning.

Thanks
Derek