Amendment to CC&R

Started by KarenH19 • 4 replies • 295 views

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KarenH19 (Maryland)
Posts: 26

Posted:

I have a couple questions regarding amending our CC&R. I am in Maryland:

1) If the law changes which results in a change to our document do we need
to amend our CC&R?
2) If yes can we file an amendment to the CC&R rather than retyping the CC&R with the changes?
3)What if the homeowners vote to amend the CC&R for example allowing above ground pools is the answers the same?
4) The developer made an amendment to our CC&R which we found out later that he was not allowed. In any case the amendment was filed with the state so do the HOA need to do anything with the state advising them amendment was not legal?
5) Anyone have any idea (I know it will vary depending on your state) how much to record an amendment or record the revised CC&R with amendment?
6) Does the HOA have to hire an attorney to review amendments to the CC&R? I am sure it would be highly recommended but we don’t have much money as we are a very small community.

SheliaH (Indiana)
Posts: 6,964

Posted:

Most of your questions should be answered by reading your documents, so pull them out and get busy. Go to your association attorney with #4. #5 might be answered by contacting the county recorder's office or corporations division of your secretary of state's office, depending on where amendments have to be recorded. Or ask the association attorney.

As for #6 - I get that money's an issue, but you want your documents to stand up in court, so this isn't a do-it-yourself project. It seems to me if people want to spend money to put in an above-ground pool, they shouldn't squawk at the association hiring an attorney to protect everyone's interests. Either spend the money to do it right the first time or prepare for more drama down the road which can cost the association even more money. You don't have to amend the entire document - it may be enough to start with updating the document to reflect recent changes in state law.

If it is not right do not do it; if it is not true do not say it. Marcus Aurelius

CathyA3 (Ohio)
Posts: 6,299

Posted:

State law overrides the CC&Rs when they're not in agreement, so amending your CC&Rs is less urgent. It does cause confusion, though, so if updates are needed they should probably happen at some point.

A lawyer can write the amendment that corrects the discrepancies. There is no need to re-write the CC&Rs in full unless the changes would be extensive and make a complete re-write more reasonable.

An amendment which only brings the CC&Rs into compliance does not require approval by the membership. When we did this, the lawyer also sent along a copy of the board resolution that needed to be passed and told us how to go about it. After the board approved the resolution, we informed the lawyer that it was approved and he recorded the amendment.

You should double-check with your association's lawyer to make sure that this is how your state handles things as well. It's pretty likely that all states handle such things in much the same way, but there are always outliers.

Also check with your lawyer about the amendment done by the developer. Are you sure it was not allowed? When the developer is still in control, he can pretty much do what he wants as long as the changes comply with state and federal laws. If the developer's amendment is truly out of synch with state law, then you can address this at the same time.

ElleN (Idaho)
Posts: 4,420

Posted:

KarenH19, how many lots does this HOA have? What year was the HOA established? The answers to these questions determine the applicability of the Maryland HOA statute.

Quote:

Posted By KarenH19 on 09/18/2023 7:03 AM

4) The developer made an amendment to our CC&R which we found out later that he was not allowed. In any case the amendment was filed with the state so do the HOA need to do anything with the state advising them amendment was not legal?

The Board has zero authority to assert to the state that xyz amendment is not legal. The remaining options for how to handle this depend on what the amendment says; what statute (if any) it violates; and so on. If you share the amendment and why you think it is illegal, I (for one) might be able to say more.

Quote:

Posted By KarenH19 on 09/18/2023 7:03 AM
5) Anyone have any idea (I know it will vary depending on your state) how much to record an amendment or record the revised CC&R with amendment?

Call the county clerk and ask. The county clerk staff are there to serve the public. The staff will tell you as much.

Quote:

Posted By KarenH19 on 09/18/2023 7:03 AM
6) Does the HOA have to hire an attorney to review amendments to the CC&R? I am sure it would be highly recommended but we don’t have much money as we are a very small community.

Boards are not versed in the language of the law and the nuance of preparing contractual terms. After 25 years of (single family home) HOA, Condo, and Co-op (all three), I have never known a board qualified to write amendments. Scrape together the money and hire the attorney.

TerriS6 (California)
Posts: 3,284

Posted:

Quote:

Posted By KarenH19 on 09/18/2023 7:03 AM
I have a couple questions regarding amending our CC&R. I am in Maryland:

1) If the law changes which results in a change to our document do we need
to amend our CC&R?
2) If yes can we file an amendment to the CC&R rather than retyping the CC&R with the changes?
3)What if the homeowners vote to amend the CC&R for example allowing above ground pools is the answers the same?
4) The developer made an amendment to our CC&R which we found out later that he was not allowed. In any case the amendment was filed with the state so do the HOA need to do anything with the state advising them amendment was not legal?
5) Anyone have any idea (I know it will vary depending on your state) how much to record an amendment or record the revised CC&R with amendment?
6) Does the HOA have to hire an attorney to review amendments to the CC&R? I am sure it would be highly recommended but we don’t have much money as we are a very small community.

Re 1) in California, no, you don't have to update CC&Rs because you are still subject to the law changes.

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