Covenant changes voted..where do I file?

Hi,

We made some changes to our covenants, voted with 75% approval of all the homeowners. Are we supposed to file these with the state or county somewhere? I live in Virginia.

Thanks so much for your help.
Emily

Thank you so much for your response. I will review the Bylaws and amendments and figure out where to file! Thanks again.

Emily

Glen,

I've heard it said b/4 that all the 1st mortgage holders are required to either approve or at least obtain a copy of any amendment to the CCRs. Neither my present nor my former HOA had this requirement, although the CCRs of my former assn did require written approval of FHA and/or VA if there were any loans guaranteed by them but only while the declarant was in control. Could you post the language in your CCRs that requires this? Thanks!

Amendment of Declaration and By-Laws.
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.

Glen,

So, and correct me if I'm wrong, consent of the mortgagees is not required to pass the amendment but they must be informed of it. And, if all mortgagees do not consent to the amendment the amendment still holds. Is that correct? That is a whole lot different than requiring consent of all mortgagees together with the applicable % of the members b/4 an amendment can pass.

Mary that is correct, that is why I advised the OP to check their documents as to what is required. While it is generally assumed that the contract is between the homeowner and the HOA. People often forget that the mortgage holder also is part of the contract and that the mortgage contract was written with the CC&R's that were in existence. Now most mortgage holders could care less if you modify the contract between the HOA and the homeowner and most will not even respond to any change notice. But even if they don't the BOD needs to follow the requirement to amend to a T or they could find themselves in court with a disgruntled (can you even be gruntled?)homeowner trying to prove the amendment is valid.

Emily,
Virginia has recently upgrarded their state statutes concerning HOA.s.
I think it is TimB that posts here that is aware of of all this Virginia stuff. Maybe he will post. In the meantime search your state website for information on Home owners associations, it is all there and on line.If I recall right, it is one of the more comprehensive state web site on HOS's.