Covenant Changes

Quick question for anyone knowledgeable on the topic.

The HOA has voted and added new covenants. The old covenant pertaining to these changes read as such:

"These covenants and restrictions are to run with the land and shall remain in full
force and effect for ten years from the date these covenants are recorded, after which time said covenants shall be automatically extended for successive periods of ten years, unless an instrument signed by a majority of the then owners of the tracts has been recorded, changing said covenants in whole or part."

My question for you is.... the new covenants were recorded 5 weeks after the
10 year automatic extension for the next 10 years. Will the new covenants be in effect immediately or will they have to wait until the end of the automatic 10 year extension to take affect?

Appreciate your opinion!

Thanks Roger. I had been told it would be at the end of the new extended
10 year period but that didn't seem right to me.

Thanks again.

There are usually 3 documents the HOA goes by. The first is the Articles of Incorporation which makes the HOA a corporation and is filed at the State. The second is the Convenants and Restrictions (CC&R's) and they are filed at the County level going along with the property deeds. The by-laws are the daily operation rules the HOA goes by that can be filed with the CC&R's or just kept amongst the HOA members. If there is a conflict between the CC&R's and by-laws the CC&R's override.

The ONLY people who can change or modify the CC&R's and By-laws are the members of the HOA themselves by a majority vote.just board. However, it does depend on how the documents are written. The BOD may be able to change the By-laws with a majority vote which are more along the lines of the daily rules.

Basically, a HOA is run and operated by the rules and regulations the members want them to be. Unfornately, most members don't realize this and get lost in the "forrest". They depend on outside sources or don't realize the power they have to make changes.

Cathy:

Rules and Regulations have to coincide with the CCR's of the Association. R&R's are usually an interpretation of the CCR's. User Friendly if you would. If the board was adding a rule that is not covered in the CCR's this rule would be an amendment, which requires a majority vote in accordance with your documents.

Now, if your docs said no commercial vehicles, but was not specific in describing commercial vehicles; the board could adopt a rule/guideline as to what their policy is to a commerical vehicle e.g.; no lettering on the truck, ladders, 1-ton etc.

Also in keeping with this, if your CCR's had a restriction of "No signs" however was not decsript in the lanaguage, the board could adopt a sign polcy of what they would allow or not.