ANSWERS: 4
  • It is a lot more complicated than that. There are many things that can change the covenants or conditions that are on record. Some can be changed by a simple majority vote by the HOA. However, any changes are usually spelled out on the original recorded documents on a particular development. Simple changes such as fencing, color or house, architectural disign, etc... can be changed if you can prove that a neighbor in the same development has "gotten away with it" for a long period of time or is not being enforced. No HOA can selectively make you adhere to a policy if another homeowner is being allowed to do it. This, unfortunately, is what law suits are made of. This could be a long and expensive road to take to go against the Covenants, Conditions, and Restrictions that are placed on a planned unit development. Most of these C.C.&R.'S are a good thing and help keep the value of homes in this development. Some are too restrictive and can cause some devaluation and desireability of purchasing one of these homes. If you do decide to go against these prescibed rules, know that it can be a hard fight. Always understand these limitations before you purchase a property if your needs go against these rules.
  • Thank you for your response. However, I am talking about changes after many years to the covenants. In particular, I am concerned the Board of Directors wants to change the "Dues payment clause" from voluntary payment to "required payment", and perhaps change or add covenants that would require out of pocket expenses to the homeowner. Such as "adding a recreation center" costing many thousands of dollars. I think any changes to the existing covenants is "opening Pandora's box". I have lived here over 20 years, and do not want any covenant changes by a "simple majority vote". Can it be done? It seems to me what is in the deed, and attached to the deed overrides any subsequent changes in the deed, except by condemnation by a taxing authority, i.e. city, county, state, or taxing district, etc.. This is more specifically what I want to know about a simple majority vote.
  • If you've been there 20 years, there is an excellent chance they've expired already, unless a vote was held to renew the covenants before they expired. This obviously varies by state, check the laws online in your home state.
  • Yes. This is not an issue of superseding the deed. The deed to your house cannot be changed by a vote of the HOA, but the restrictive covenant attached to the deed binds you to the CC&R's. The CC&R's can be changed in accordance with their terms. Most CC&R's allow certain minor changes without a vote, other changes with a simple majority, and major changes with a super-majority. But it does not have to be this way. If the CC&R's allows the changes with a simple majority vote, then you are bound.

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