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An Article
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Peters & Freedman Helps Another Homeowners Association Record Invalid CCRs That Increase Board Members' Powers and Help Vendors
$98,000 missing from reserves and board refuses to disclose how much was paid to settle a lawsuit that Peters & Freedman lost?
May 02, 2006
By
Sheila Holm
(View author info)
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On the matter of Amending Covenants....
One approach:
Very carefully review what your Covenants say about the process of Amending the Covenants. First, I'm sure it says that any amendment must be recorded with the County Clerk or Register of Deeds -- whatever the California terminology is.
Second, and this is important, is the Amendment language in the Covenants written in such a way that the signatures of those homeowners who voted "yes" must appear? In other words, do your Covenants say that the Amendment document must be recorded (this would include the signed and notarized signature of those who voted yes), or does it say that the Secretary's Affidavit of the meeting showing passage of the Amendment is sufficient as a recorded Amendment document?
If it does not allow a 'secondary' document like the Secretary's Affidavit, then it may be that the actual Amending Document must be filed, complete with the required number of signatures. If they did not do this, they did not truly amend the Covenants.
This is exactly my situation as well, in Texas.
It would be an excellent idea to have an attorney review the language to clear up any ambiguity you might find there, or to guide you if in fact the terms ARE ambiguous. It is possible that they just are not clear, and then only your attorney would know best.
At any rate, you absolutely will have to consult an attorney on this since they're already way out of control. And, my dislaimer, I'm a brutalized victim, but I ain't an attorney! So my advice is always what you pay for it.
Very best wishes!
Tom Denney
Austin, Texas
Posted May 3 2006 6:13AM CEST
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Thomas Denney
(View Profile)
Austin, Texas |
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I reside at Mesa, Arizona. within a Homeowners Association that was overwhelmingly (500+ to 5) voted out of office and refused to leave.
They now state that if you want to paint your house you must obtain an approval from the board even to paint your home the same colors.
Can they force you to comply with this rule?
Doherty
Mesa, Arizona
Posted May 3 2006 1:26AM CEST
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Username withheld
, California |
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