Timeline to File Amendment to Covenants?

Partick, call your county clerk's office to get information on filing the amendments.

I spoke with the Fulton County Superior Court.

Apparently the "Real Estate Records" department handles the covenants etc after they are filed.

The "Real Estate Recording" department handles the amendments, gives them some numbers, and then moves them down to the "Real Estate Records" for filing.

The person I spoke with did not know of any timeline limitations. However I may find out differently when I get down there.

I appreciate everybody's input.

Patrick

Real property records are filed with the County Clerk. Following is an example of the form we use when filing amendments to the Declaration.

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SECOND AMENDMENT TO THE DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS OF ____________________________

WHEREAS, the Declaration of Covenants, Conditions, and Restrictions of __________________________ was recorded 8/31/88 in book 0811, pages 0289-0347 and the First Amendment to the said Declaration was recorded 09/29/95 in Book 1291, pages 0334-0336, of the Property Records of the County of Douglas, State of Colorado; and

WHEREAS, Paragraph 3.2 of the said Declaration provides that the Declaration may be amended at any time and from time to time upon written approval of the amendment by Owners who are entitled to cast sixty-seven percent of the votes in the Association allocated to each class of membership; and whereas greater than sixty-seven percent of all Owners have voted in writing to approve amending the Declaration in the following respects;

NOW, THEREFORE the said Declaration is hereby amended as follows:

7.30 Roofing Materials
Roofing materials allowed are cedar shake shingles, regular and light-weight concrete tile, stone coated steel, slate and other roofing materials which from time to time may be approved by the Board of Directors. No fiberglass asphalt shingles may be used. All roofing materials require approval by the Design Review Committee. Approval shall require materials of high quality and an appearance which is in harmony with roofing materials on other houses in the Association.

IN WITNESS THEREOF ______________, President and ________________, Secretary/Treasurer of The ______________ Homeowners Association, Inc., a Colorado nonprofit corporation, execute this amendment.

THE ________________________ HOMEOWNERS ASSOCIATION, INC

By: ____________________________ By:_________________________
_________________, President ________________, Secretary/Treasurer

STATE OF COLORADO )
) ss.
County of Douglas )

The foregoing instrument was acknowledged before me this _______ day of _________________, 2005, by ________________, President and _________________, Secretary/Treasurer of The _______________________ Homeowners Association, Inc., a Colorado nonprofit corporation.

Witness my hand and official seal.

My commission expires: _______________

_________________________________
Darcy Borcherding, Notary Public