rewriting Covenants

Our developer didn't take the time to write covenants for our neighborhood, he took some covenants he liked from another neighborhood, changed the name on them and presto, instant covenants.
My question is, can we, the HOA, delete these covenants (many of which don't even apply to our neighborhood)and rewrite the covenants to apply to our neighborhood? And if so, how do we go about doing that?

CjH, you may amend your Covenants. The Colorado Common Interest Ownership Act (CCIOA) allows you to amend with the approval of 2/3 of all unit owners (or less if allowed by your Covenants). You can amend to the extent the owners will approve, up to amending the entire Declaration of CC&Rs.

To accomplish this first I suggest you first review Covenants of a similar type association, i.e., individual homes on lots, townhomes, or condos. Set up a committee to rewrite tailor made to your association. Hire an experienced HOA attorney to review and revise as necessary. Make sure certain governmental requirements such as CCIOA and the Non Profit Act are included.

The difficult job will be getting approval of 2/3 of all homeowners. Hold a meeting to explain the changes, answer questions, and revise as necessary. Mail each homeowner the amendments, a letter explaining the key changes and why they are necessary, and a ballot to vote on the amendments. A self addressed stamped envelop is also recommended to encourage return of ballots.

For those amendments which are approved create a document to submit for the filing of the approved amendments. The amendments are not official until they are filed with your County Clerk and Recorder.

CJH.
Oh, I wish that it was that simple to simply toss them out but if those documents are filed with your County, then they are the legal ruling set. Ask your association attorney if he could write a new set for you but you will still need to have a new set voted on and passed by the required amount of percentage that the current documents require. If it was that easy to just dispose of what we didn't like , it would be chaios for enforcement.
We took a pick-up truck owner to court for violation of a non truck parking outside covenant. When the Judge asked him--"Did you read the covenant that did not allow your truck to remain outside?
The guy said--"Yes I did but I crossed it out because I was not going to put it in the garage" Needless to say, the Judge just about rolled off of the bench and a great time with this goof ball. Moral of the story is that you cannot create your own documents just because they are not what you want. You have to follow the proceedure to change them.