Amendments to CCR's/Bylaws

Started by AnnS12 • 1 replies • 186 views

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AnnS12 (Wisconsin)
Posts: 67

Posted:

A past president of our association filed amendments to our CCR's with our county Clerk of courts. This was about 8 years ago. He took it upon himself to sign and file amendments that were never voted on legally by our owners.
The majority of these deal with his approval of some owners using landscaping pavers in the limited common areas. Knowing that new owners should receive copies of our CCR's and amendments we also don't want to give out something that was done illegally.

The current board has now learned of this and is in the process of obtaining copies of all filed amendments.

Is there anything we can do other than hiring a very expensive attorney to deal with this.

TimB4 (Tennessee)
Posts: 21,059

Posted:

If that individual is still around, you should check with them as how and why they filed the amendments.

You should check statutes to see if there is a time limit to challenge any changes in filed documents.

Depending if the filing was a simple amendment or a full restatement, you may be able to easily change an amendment but may have your change to the full restatement challenged (as I expect this would be a board action and not a vote by the membership).

If you are successful in changing the statutes back, you should expect confusion and push back from owners who have a copy the filed documents and added pavers.

Prior to filing any document, you should have an attorney review it (there may be legalize that is required).

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