Covenants Legal if not recorded?

Sherry this would be an excellent question for your (HOA) attorney as we don’t give legal advice here but IMO they are not binding until filed. This is something the BOD should do ASAP. Also there should be something in your documents on notifying the mortgage holders and their permission to be bound by them. This is from ours:

This Declaration and the By-Laws attached hereto as Exhibit C may be amended upon the filing for record with the Recorder of County, of an instrument in writing setting forth specifically the item or items to be amended and any new matter to be added, which instrument shall have been duly executed by the Unit owners entitled to exercise at least seventy-five percent (75%) of the voting power of the Association. Such Amendment must be executed with the same formalities as this instrument and must refer to the volume and page in which this instrument and its attached exhibits are recorded and must contain an affidavit by the President of the Association that a copy of the amendment has been mailed by certified mail to all mortgagees having bona fide liens of record against any Unit ownership. No amendment shall have any effect, however, upon a bona fide first mortgagee until the written consent to such amendment of such mortgagee has been secured. Such consents shall be retained by the Secretary of the Association and his certification in the instrument of amendment as to the names of the consenting and non-consenting mortgagees of the various Units shall be sufficient for reliance by the general public. If less than all mortgagees consent to an amendment to this Declaration and / or the By-Laws attached hereto as Exhibit C said amendment or modification shall nevertheless be valid among the Unit Owners, inter sese, provided that the rights of a non-consenting mortgagee shall not be derogated thereby. No provision in this Declaration or By-Laws attached hereto as Exhibit C may be changed, modified or rescinded, which, after such change, modification or rescission would conflict with the provisions of Chapter 5311, Ohio Revised Code, nor may any amendment be made to the percentage interests set forth in Section 3.3(B) without the prior unanimous approval of all Unit owners and their respective mortgagees, except as provided in Article of this Declaration.

Sherry,

Roger and Glen are correct. The only covenants that are binding are the ones attached to your deed (the ones stated in your original CCRs). Until the amendment is recorded in your county, whatever changes were made are NOT binding. In fact, there should be a statement to this effect in your CCRs -- under "amendments". Here is the statement in my CCRs: "Any amendment approved pursuant to this Section shall be signed by the Pres or VP of the assn and shall be recorded with the Co Recorder of Maricopa Co, AZ. Unless a later date is provided for in the amendment, the amendment shall be effective upon the recording of the amendment with the Co Recorder of Maricopa Co., AZ."