Enforcing a draft copy of CCRs

Started by PatriceN • 4 replies • 1276 views

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PatriceN (Texas)
Posts: 5

Posted:

I am a board member of a small community who has just taking over the board from the builder. When we all contracted to have our homes built, we recieved a copy of CCRs with draft written across every page and asked to sign a paper saying we recived it. Does anyone know if we can enforce the CCRs based on a draft or do we need to have everyone sign a final copy?

RogerB (Colorado)
Posts: 5,067

Posted:

Patrice, the only CC&Rs to be enforced are those which have been filed with the county clerk and recorder. I suggest you get a copy (1) to make sure they have been filed, and (2) if filed to make copies of the official CC&Rs.

PatriceN (Texas)
Posts: 5

Posted:

Do we need to have the final draft signed by the homeowners or is the draft that they signed good enough?

MicheleD (Kentucky)
Posts: 4,491

Posted:

Whatever document was "valid" at the time they purchased their property and took ownership should suffice.

I know that in my own case, the "draft" I obtained prior to purchase included a clause that vegetable gardens were NOT allowed!

I was disappointed, not because I can garden, because I have a toxic thumb, but because I had hoped to learn!

Then several years later, during a meeting with one of our board members who is a former judge, we discovered that clause never existed in the version that was filed with the plats!

I say "we" because the former judge had the same "draft" I did! Weirdly, no one else did!

At any rate, the documents that were in effect at the time of your closing are the ones that you "enforce" from. Keeping in mind to research and include any amendments that may have been added along the way.

In our case, we didn't ask for a new copy at closing because we thought we had one already. We should have. Oh well.

MaryA1 (Arizona)
Posts: 7,043

Posted:

Patrice,

Why not ask the developer for a copy of the recorded copy of the CCRs? Since the members have just taken over control of the HOA, the board should be talking to him about the transition process and making certain they have all the records of the assn. A recorded copy of the CCRs is one of the most important docs they should have. Once this is attained the BOD should make certain every member of the assn has a copy.

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