Incorrect wording on filing revised CC&R

Started by LukeA • 7 replies • 2073 views

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LukeA (Texas)
Posts: 11

Posted:

Two small subdivisions, independent CC&R, voluntary Association Membership under one BOD. Subdivision #2 updates their CC&R and records them as required. No problems with the CC&R but the lead in sentence prior to the signatures, given before the Notary is in error. No problem with the signatures either. When the Association was formed the Articles of Incorperation reflected both Subdivisions names under one association, ie: #1#2 Property Owners Association. When #2 Subdivision registered there ammended CC&R (some four plus years ago) they used the phrase, #2 Board of Directors, for the Establishing New Restrictions, rather than #1#2 Board of Directors. I don't know why the - For The Estalishing New Restrictions - was even in there. Anyway, we the current BOD have had this error brought to our attention. We believe it is no more than an oversight of the BOD at the time or/and some bad wording. Is there any reason this cannot be settled by this BOD now by just attaching an addendum to the CC&R reflecting the correct wording, acknowledging the oversight and recording the addendum with the original amended CC&R? Thank you.

LukeA (Texas)
Posts: 11

Posted:

No one has ever ran into this situation, has an educated opinion or experience with this type of issue before? I could really use some help on this if its available here, thanks.

DonnaS (Tennessee)
Posts: 5,671

Posted:

Luke,
I have read your posting several times and basically, I think that the only answer would be a legal one. Therefore, I cannot offer the correct one. Know any lawers? I know that in Florida, every word has to be correct and if we change just one word, it has to be amended by the membership.

LukeA (Texas)
Posts: 11

Posted:

Thanks DonnaS, we are a relatively small HOA, compared to most here, with a volumteer membership. An attorney, even just an opinion from one, would most certainly hurt us. Even much of the supplies, postage and printing comes out of the pockets of the BOD and their computers. We even try to keep mailings, because of that, down to a minumium. However it may very well have to come down to that. Just checking all other possible options first and this site is a wealth of information, especially for us. Again, Thank You.

DonnaS (Tennessee)
Posts: 5,671

Posted:

You are welcome Luke. Hopefully NancyD1 will read this and offer an opinion as she is very legal savy.

RogerB (Colorado)
Posts: 5,067

Posted:

Luke, I can understand, from an operational standpoint, why this was done. Butt you have a legal mess. The CC&Rs clearly need to be separate or else the two associations need to be merged into one. Merging may not be possible in which case the corporations should be separate.

NancyD1 (Florida)
Posts: 447

Posted:

Quote:

Posted By LukeA on 10/07/2007 8:15 PM
Two small subdivisions, independent CC&R, voluntary Association Membership under one BOD. Subdivision #2 updates their CC&R and records them as required. No problems with the CC&R but the lead in sentence prior to the signatures, given before the Notary is in error. No problem with the signatures either. When the Association was formed the Articles of Incorperation reflected both Subdivisions names under one association, ie: #1#2 Property Owners Association. When #2 Subdivision registered there ammended CC&R (some four plus years ago) they used the phrase, #2 Board of Directors, for the Establishing New Restrictions, rather than #1#2 Board of Directors. I don't know why the - For The Estalishing New Restrictions - was even in there. Anyway, we the current BOD have had this error brought to our attention. We believe it is no more than an oversight of the BOD at the time or/and some bad wording. Is there any reason this cannot be settled by this BOD now by just attaching an addendum to the CC&R reflecting the correct wording, acknowledging the oversight and recording the addendum with the original amended CC&R? Thank you.

Luke,

Check in the CC&R for an article addressing Scrivener's Errors or Baronies Errors. This may be a simple one or two line sentence but it should have a heading. The Board of Directors is the Property Owners Association and speaks for the association so a scriveners error or baronies will be considered. A scrivener's error or baronies is a clerical mistake not made to deflect the true meaning of the document or person.

Most legal documents address one of these clerical errors. IMO you don't have to worry about it if your article state one of these. If there is no mention of either one of these errors, you may have to change it, but before you seek counsel, call the state department where the CC&R's were filed. They may just assume a scrivener's error.

LukeA (Texas)
Posts: 11

Posted:

Okay, DonnaS, RodgerB and NancyD1, I most certainly thank all three of you for the suggestions and evaluations to our problem. I suspected the range of solutions/options would not be as simple as we might have liked but what you have given us is a place to start and that is what we needed. We now have a direction/s on this issue to pursue and for that we are grateful.

As we chase this out and find a solution, one way or the other, I will make it a point to post it back here for others.

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