Adding a new covenant to old CRE's in Texas

Started by SandraH17 • 4 replies • 136 views

💬 Join us to post & get advice from 50,000 HOA & Condo leaders.

⚡ Takes 30 seconds

Already a member? Log in

SandraH17 (Texas)
Posts: 3

Posted:

Our Covenants are 30 years old. Much has changed, but most of the existing Covenants are valid. If a subdivision has the required 67% of votes needed to add a covenant, that was not addressed in the original covenants, does the whole thing need to be revised and filed at the County level? Or can the 67% vote be used to create an Amendment that adds the new covenant?

SheliaH (Indiana)
Posts: 6,964

Posted:

Reread the section that addresses how covenants are changed - you said you have the required percentage to add a new covenant, so I don't see why you can't. Or you can amend that section.

I hope your community isn't trying to change the documents as a DYI project. I know people like to do this to save money on legal bills, but you need to write these properly so they'll stand in court. An attorney doesn't have to do everything, but give you some guidance to ensure you're following the current documents in making the changes. You might even consider changing how that's done one day, such as changing the percentage of voters needed

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

ElleN (Idaho)
Posts: 1,338

Posted:

Yes, just the amendment by itself may be recorded.

At least skim this Texas statute:
https://statutes.capitol.texas.gov/Docs/PR/htm/PR.201.htm

Be advised that amendments to covenants have to pass a 'reasonableness' test. If you want opinions on whether this proposed amendment would seem reasonable to a court, then please describe the amendment.

I advise involving an HOA attorney. This is not something for amateurs. Risk is involved if i's are not dotted and t's are not crossed.

MarkM19 (Texas)
Posts: 1,459

Posted:

Sandra,
It may sound easy to get 67% and make these changes but I guarantee it won't be. Our board did it in Ca. many years ago and it was like pulling teeth without meds to get it done. We had a lawyer make the changes that were really needed including removing all of the Declarant language that is totally useless at this point. We wanted to add a few minor changes to lower quorum and other changes. My suggestion is to hire a good attorney who specializes in HOA law and can make the changes but also write a very to read document explaining the changes assuming that is the only thing that will get read. Many people will think your board is trying to do something shady and just ignore requests to turn in the votes needed to get it passed. Prepare for this to take many rounds and lots of mailers. Lots of meetings and time.

The last time I checked the US has about 325,000 HOAs and I bet 95% of them still have the developer's original documents in place. This is not because they do not want or need them updated it is because it is so hard.

MichaelS56 (Minnesota)
Posts: 859

Posted:

Please review the most recent Texas HOA laws and determine what needs to be changed in your covenants. You may or may not need a vote to change your covenants by a vote but because state law requires your HOA to be in compliance of the Texas laws.

🎯 You've read this entire discussion

Join the conversation with 50,000 HOA & Condo Leaders:

✓ Ask follow-up questions
✓ Share your experience
✓ Get expert advice
✓ Access 350,000 discussions

Create Free Account →

⚡ Takes 30 seconds

Already a member? Log in here