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QUESTION/ANSWER BY: JOHN H. GETTINGER, ESQ.

Question:

Covenants are contracts which create enforceable restrictions on the use of property within the community. Can the Board change the covenants without notifying the homeowners either before or after they decide?

Answer:

You are correct that covenants are contracts which create enforceable restrictions upon the owners of the land with which the covenants run. Typically, the covenants provide that any amendment to the covenants requires a super majority vote of the homeowners. If this is the case, obviously, the Board cannot change the covenant without the homeowner's being notified of, and voting upon, the amendment to the covenants at a special meeting of the homeowners duly called for such purpose. In the unlikely event that the covenants provide that they can be amended by vote of the board of directors, any amendment would not be enforceable against the homeowners until such time that the amendment is recorded with the county clerk and notice of the amendment is provided to the homeowners.

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