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CharlieM1 (Colorado)
Posts: 6
Posted:
I'm looking for advice on how the renewal / changing of the covenants would be interpreted. The complete wording is as follows:

ARTICLE 12 – TERMS OF COVENANTS
These covenants and restrictions are to run with the land and shall remain in full force and effect to ten years from the date these covenants are recorded in the office of the Clerk and Recorder in Fremont County, after which time said covenants shall be automatically extended for successive periods of ten years, unless an instrument signed by not less than two-thirds of the land owners of the parcels has been recorded, changing said covenants in whole or part.

I understand that they will renew, automatically, as they stand every 10 years. What I am unclear about is, if they are to be changed, can this only be done (with the noted majority) at the end of a 10 year cycle?, or can they be changed at any time as long as the required majority is achieved?

RogerB (Colorado)
Posts: 5,067
Posted:
Charlie, I understand it to mean the Covenants can be changed at any time. However, it would be best to state that explicitly.
CharlieM1 (Colorado)
Posts: 6
Posted:
Thanks for that Roger.
MaryA1 (Arizona)
Posts: 7,043
Posted:
Charlie,

I agree with Roger. IMO, if the intent was to NOT allow an amendment b/4 the initial 10 years were up it would be so stated in the article.

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