Amended CC&R's

Started by BillT2 • 7 replies • 832 views

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BillT2 (Montana)
Posts: 8

Posted:

In 2009 we amended are CC&R's by sending out to all members the revised CC&R's requesting a vote of approval or rejection. We received approval which meet our quorum requirements. Our Director filed the new amended CC&R with our local county office. Since 2009 we have been using the new CC&R's that we thought were filed for all meetings and concern that have come up. It has just been discovered that the wrong CC&R document was filed in 2009. This one had not been approved by the membership. My question is, Since we were using the correct CC&R that was approved by the members but not filed, can we go ahead an file a correction to the previous or do we file as the amended, or do we need to resend out to all members. Thank you for you help

SheliaH (Indiana)
Posts: 6,964

Posted:

Ask your association attorney, since this is a legal question. I would hope this is a minor thing that can easily be corrected - hopefully you won't have to do much more than refile the proper documents since it was a mistake.

You said your director filed the amended paperwork - are you referring to a board member or property manager? Next time, you may want to send two people or have your attorney file the right paperwork - and the board should take a look at what the county received so they don't catch mistakes like this 9 years later.

If it is not right do not do it; if it is not true do not say it. Marcus Aurelius

BillT2 (Montana)
Posts: 8

Posted:

Thank you for the reply. The director is a board member.

JohnC46 (South Carolina)
Posts: 14,265

Posted:

If the correct one was not filed, I would consult with an attorney to see how to file the proper one..
The problem I see is were decisions made based on the wrong one?

TimB4 (Tennessee)
Posts: 21,059

Posted:

Agree with others, this is a question to pose to the Association attorney.

AugustinD
Posts: 5,144

Posted:

BillT2, here is why I think you need to consult an attorney. First, can you confirm that, in Montana, state statutes do not require disclosure of the HOA's governing documents? If this is so, then buyers who bought since 2009 (when the incorrect CC&Rs were filed) relied on the CC&Rs on file with the county. The latter are legal public notice. If the differences between what was filed and what the members approved are large, and a dispute arises based on the differences, I think your HOA would be stuck with using the incorrectly filed CC&Rs to settle the dispute.

I think an attorney will tell your HOA to (1) file the correct CC&Rs with the county as an amendment yada; (2) communicate to all members in a legal mailing what happened; and (3) grandfather anyone who relied on the incorrect CC&Rs and would have had a violation under the correct ones.

The internet indicates Montana requires little when it comes to a real estate seller's disclosure.

KerryL1 (California)
Posts: 14,550

Posted:

Agree with others. But is it correct to say that your Board's decisions have been based on the doc you thought was recorded? (Vs. the error?)

BillT2 (Montana)
Posts: 8

Posted:

Thanks to everyone for you ideas and advice. All decision have been based on the approved document that was not recorded. When new people have joined our association it was up to the secretary to send out the CC&R and Bylaws. She has sent the one voted on. After much discussion within our association, we feel we are on the right track. We will take your advice to heart check with lawyer and go from there. thanks again i'll close this for now.

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