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Posted By BrettH3 on 03/28/2026 9:13 AM
Our single-family HOA has documents that were supposed to have been updated, voted on by the community, and then filed with the county. There was a feeble attempt at rewriting the CCR‘s but they were never completed. How enforceable are the CCR‘s now? If a homeowner ever realized the documents expired would the HOA be able to enforce violations?
Like TimB4, I would like to see the wording in the Declaration or state statutes that says the covenants have expired.
My rough recollection: In states where statutes say covenants expire at such and such time, the law typically says only certain types of covenants expire, like those pertaining to land use. Covenants involving say maintenance of common area do not expire. (And even if the latter covenants do expire, common law says that the HOA corporation still has a duty to maintain the common area to a certain standard, which means that assessments are still allowed.)