Rules mistakenly added to CCR's???

After coming to this forum for advice, I am here again.
Our very young HOA (2002) is still learning, and I think I have come upon an error in procedure. In 2006, our Comunity by 2/3 assenting vote amended one Section of our CCR's which dealt with "Building Requirements." This was to insure that the two unbuilt lots which were still in the development would have specific guidelines to maintain the look and size of the homes already constructed. We got all the necessary signatures and re-registered the amendment with the county as required. That is not the problem.
The questionable procedure came when the BOD using the authority granted in the CCR's under "Further Rules and Regulations" to clarify two other sections. One pertained to trash receptacles and the other pertained to landscaping/lot maintenance. Instead of creating a new document for Rules and Regulations, the BOD registered these two sections with the CCR's when they were re-registered, thinking that it would save time, money, and it was the proper way to create these Rules. I now think that was a booboo. No vote was taken of the Membership, just vote by the BOD under authority of "Further Rules and Regulations." I now am thinking the procedure was flawed, and it should not have been added to the CCR's, but a new document should have been created for Rules/Regulations, which we do not have.
I found under General Provisions, a Section entitled "Severability", which states that "If any provision of this Declaration....is held invalid, the validity of the remainder of the Declaration....shall not be affected thereby and the remainder of the Declaration shall be construed as if such valid part was never included therein."

I believe the sections added as rules and regulations are invalid, but don't know how to proceed. We are having a BOD meeting in two weeks, and I would like to bring this before the BOD to correct.
My question is what do we do now???
1.Do we just leave the CCR's as they have been re-registered but consider those points "invalid?"
2. Do we need to re-register the CCR's taking out the added "rules?"
3. If we need to re-register, does that require a Membership vote to ammend back to what is was before the "rules" were added, which they never voted on?
4. Do we need to create a new document entitled Rules and Regulations and put these two items in that document?
Please help. The BOD thought they were following the right procedure...now I am not so sure.
Thanks,
Gloria

Roger,
They were added to the amendments to the CCR's.
If the Board refiles (as you suggest), how is that done? Do we resubmit the CCR's without the added pages that had the rules on them?
I doubt that the owners want these amendments. If they are kept as just Rules and Regulations, am I correct in that future BOD's can reverse them at their will. I believe the owners would welcome that option.
What should our next step be?

Suan,

Can it be so easily corrected as you suggested?
"Consider it a 'clerical error' and make it right in your re-filing procedure."

Specifically, what do we do? Do we re-submit the CCR's, obmitting the pages that were added at the end with the "rules"? Then the resubmitted documents would have only the Member approved items and not the "clerical error" added rules. Then once re-registered, the newly re-registered documents with the rules deleted would be distributed to all the Members. IMO, it should include a note advising of the "clerical error."

The BOD would definitely need to establish a separate document for Rules and Regulations. Our HOA is in Georgia, and I do not know of any state requirements, but that does not mean that they do not exist.

Any help out there?
We seem to be in a sticky situation, and I am not sure what to do next...

Thanks,
Gloria

Gloria,

When the CCRs are amended it is filed as an amendment to the CCRs. All you have to do is file a new amendment deleting the rules that were erroneously included in the other amendment. It's as simple as that! Then the board should prepare a document entitled "Rules and Regulations" adding these new rules. The members should be informed of each new rule or reg adopted by the board. These rules and regs should also be provided to potential new buyers along with the CCRs and any other required docs.

See Roger's post. The clerk will tell you how to submit a revised set of CCRs.

Gloria,

No, you would only submit the new amendment. You don't have to re-record the original CCR and any other previously recorded amendments. Good luck on getting advice from the Co. Recorder. Here in AZ (at least Maricopa Co.) they won't give you any advice on how to record a doc -- they consider it legal advice which they are prevented from giving out.

I find it odd that you would have to re-file the original CC&Rs as well.

Sure, our county clerk will "take" whatever documents you give them.

But when we have amendments, or even the one time we had to re-file amendments because of one entire line being left off (!!) all you do is re-file the correct version. No need to submit all those other pages and docs, etc.

The clerk records the document in a deed book and records the book and page number. Your amendment should already be referring to the DEED BOOK AND PAGE NUMBER of the original CC&Rs anyway, which is how all the changes, amendments, etc, get "tracked."

When someone does a title search, all those documents should be able to be located since they're all cross-referenced. No need to file complete packets each and every time.

But, that's the way it's done here. You still should check with your area. Remember, they'll "take" any and all pages you give them. It's not their job to sort through them and determine what "should" be there and what "shouldn't."

Well, our county clerk's office will be somewhat helpful.

For example, if you simply want to know the procedure, you can ask and they will tell you.

In fact, I've gone down there many times in person to speak with a clerk or two over different little things. They are often very helpful.

They will show you examples of some of the documents filed by others.

I usually ask to look at examples filed by title attorneys.

These are all public records, after all.

But it's not even worth my while to call them. They are very busy and most of what we want to know we need to eyeball anyway.

It only takes about 10 minutes to get downtown, and parking $$ is nominal.

Last time I was there they showed me how to pull up the neighborhood plat (all 10 sections!) and make copies.

That was cool and only cost $5.00.

Oh, don't get me wrong, they won't "tell" me anything specific, but they will let me "look at" as many examples as I want!

That's why I say the phone is not the best way to get the info. Some things you just have to eyeball.

Plus, just going down there and having them walk you around is very educational and helps with all sorts of processes we do!