JeffJ2 (Kansas)
Posts: 3
Posts: 3
Posted:
I am in a subdivision of which the protective covenants have expired. What do we have to do to get these reinstated. Anyone?
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Expired Covenants
Started by JeffJ2 • 11 replies • 1488 views
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CharlesH9 (Michigan)
Posts: 123
Posts: 123
Posted:
In our sub after the initial experation date if they are not ammended they renew for another x amount of years and then they are up for ammendment again. Maybe if you post what the covenants say, someone here may be able to help you.
SusanW1 (Michigan)
Posts: 5,202
Posts: 5,202
Posted:
What exactly does it say?
Sometimes it says MAY be expired; others just list a date and a vote (of the board or whomever has the power) extends it again.
Sometimes it says MAY be expired; others just list a date and a vote (of the board or whomever has the power) extends it again.
JeffJ2 (Kansas)
Posts: 3
Posts: 3
Posted:
The covenants only state that they continue for 30 years unless extended or modified by a majority of the then landowners. We are in KS and there are 18 owners of 29 lots. So I guess my next option is to draft new covenants, get a majority of the 18 owners (and 29 total lots) and see if I can get them filed at the courthouse. I don't know but I need to try, otherwise we will have trailer houses being pulled in on lots right next to my $ 300,000 home.
JohnB7 (South Carolina)
Posts: 176
Posts: 176
Posted:
IMO:
If they are actually expired it would take a 100% vote to (re)form a mandatory association.
Any # would do for a voluntary one.
If they are actually expired it would take a 100% vote to (re)form a mandatory association.
Any # would do for a voluntary one.
JohnB7 (South Carolina)
Posts: 176
Posts: 176
Posted:
And GOD FORBID if trailor owners found a nice place to live.
Why, they might even have dark skin!
The horror ..................... THE HORROR
Why, they might even have dark skin!
The horror ..................... THE HORROR
JohnB7 (South Carolina)
Posts: 176
Posts: 176
Posted:
I hope you got 50+ acres for your 300k home.
Was it actually worth 300k or is merely a McMansion with a pretty facade?
Was it actually worth 300k or is merely a McMansion with a pretty facade?
JohnB7 (South Carolina)
Posts: 176
Posts: 176
Posted:
Moderators:
Sorry about the rant,,,,but the post hit a nerve.
Sorry about the rant,,,,but the post hit a nerve.
JeffJ2 (Kansas)
Posts: 3
Posts: 3
Posted:
I was really hoping for some assistance/advice in the matter. Some should not be allowed to respond in forums. I think I will rethink my usage here.
MaryA1 (Arizona)
Posts: 7,043
Posts: 7,043
Posted:
Jeff,
I don't think it's necessary to rewrite the CCRs. If there are some amendments that should be made they can be included in the amendment to extend the period. The members will have to vote on each item included in the amendment. The amendment should contain a certification clause signed by the Board Secretary or President, then the amendment should be recorded with the Co. Recorder's office. After recordation, the amendment should be mailed to all members of the HOA.
I don't think it's necessary to rewrite the CCRs. If there are some amendments that should be made they can be included in the amendment to extend the period. The members will have to vote on each item included in the amendment. The amendment should contain a certification clause signed by the Board Secretary or President, then the amendment should be recorded with the Co. Recorder's office. After recordation, the amendment should be mailed to all members of the HOA.
MicheleD (Kentucky)
Posts: 4,491
Posts: 4,491
Posted:
Jeff, could you please provide the entire provision.
Here is what ours say:
"Section 3. Restrictions Run With Land. Unless canceled, altered or amended under these provisions, these covenants and restrictions are to run with the land and shall be binding on all parties claiming under them for a period of thirty years from the date this document is recorded, after which time they shall be extended automatically for successive periods of ten years, unless an instrument signed by a majority of then owners of the front footage of all lots subject to these restriction has been recorded agreeing to change these restriction and covenants in whole or in part. These restrictions may be canceled, altered or amended at any time by the affirmative action of the owners of 75 percent of the lots subject to these restrictions with the exception of Article IV, Section I."
Here is what ours say:
"Section 3. Restrictions Run With Land. Unless canceled, altered or amended under these provisions, these covenants and restrictions are to run with the land and shall be binding on all parties claiming under them for a period of thirty years from the date this document is recorded, after which time they shall be extended automatically for successive periods of ten years, unless an instrument signed by a majority of then owners of the front footage of all lots subject to these restriction has been recorded agreeing to change these restriction and covenants in whole or in part. These restrictions may be canceled, altered or amended at any time by the affirmative action of the owners of 75 percent of the lots subject to these restrictions with the exception of Article IV, Section I."
JohnB7 (South Carolina)
Posts: 176
Posts: 176
Posted:
Quote:
Posted By JeffJ2 on 03/12/2009 6:37 AM
I was really hoping for some assistance/advice in the matter. Some should not be allowed to respond in forums. I think I will rethink my usage here.
I was really hoping for some assistance/advice in the matter. Some should not be allowed to respond in forums. I think I will rethink my usage here.
I DID reply:
"IMO:
If they are actually expired it would take a 100% vote to (re)form a mandatory association.
Any # would do for a voluntary one."
The CCRs run with the land FOREVER.
The HOA (if actually expired) would require a 100% vote.
Even w/o a HOA the courts can be used to enforce CCRs.
ps. some should not be permitted to post in forums
especially bigots ... not to say that includes you (except in your own mind)
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