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IrmaW1 (Colorado)
Posts: 3
Posted:
2002,The Developers turned over the Condo Complex HOA Board of Directors to Homeowners Elected HOA Board in 2002. The current Board of Directors has written some Policies for the Complex to abide by which are based on An Amendment to an Article in the Declaration, Recorded on September 13,2008, and it also Amends several other Articles Recorded much earlier, 2001, and prior to the Owner Board taking over. Is it legal for this Amendment to be recorded 4 years after the transfer to the new HOA Board? And, must the current HOA Board honor it and base changes to policies on this Amendment now, 11 years later? Even though New Home Owners HOA Board took over 4 years prior to its recording?
TimB4 (Tennessee)
Posts: 21,059
Posted:
My initial reaction would be yes, the new declaration would be applicable.

That said, if you want a legal opinion, you will need to contact a local attorney (suggest one versed in contract law) and provide them with both versions (unamended and amended) to review so they can provide an informed decision.

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