If the CCR state "a written instrument executed by" does that mean a majority has to sign the filed document

Started by RogerJ1 • 3 replies • 233 views

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RogerJ1 (Texas)
Posts: 550

Posted:

Under 8.02 Amendment or Termination in our CCRs, it states:

"These covenants and restrictions may be amended by the execution and recordation in the
real property records of XXXXXXX, Texas, of a written instrument executed by the Tract
Owners of a majority of the Tracts within the Subdivision. "

Does that mean a majority of tract owners has to sign executed document - not just vote for it but sign it?

MaxB4
Posts: 3,513

Posted:

Quote:

Posted By RogerJ1 on 08/29/2022 1:35 PM
Under 8.02 Amendment or Termination in our CCRs, it states:

"These covenants and restrictions may be amended by the execution and recordation in the
real property records of XXXXXXX, Texas, of a written instrument executed by the Tract
Owners of a majority of the Tracts within the Subdivision. "

Does that mean a majority of tract owners has to sign executed document - not just vote for it but sign it?

If you were to take it literally, yes. The usual process is to have a document signed, notarized and recorded attesting that a majority of owners within said tract voted in the affirmative that they approved the amendment(s) to the CCRs.

TimB4 (Tennessee)
Posts: 21,062

Posted:

When we restated our covenants, the attorney drew up the paperwork and all directors signed before a notary.

This was sufficient, and we had similar language.

KerryL1 (California)
Posts: 14,550

Posted:

Max looks correct to me. Imagine if the majority of Owners who approved all have to get their signatures notarized (in our case 64% of 213 Units), which is required for recording amendments to CC&Rs here. In your case the board and perhaps some of its officers sign.

Our president & secretary just signed our restated CC&Rs a few days ago and they had to have their signatures notarized. I believe the CC&Rs went on record today.

If Texas has secret ballots as in CA, owners who approved would not have to sign.

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