Q: Do the revised HOA covenants recorder at the register of deeds office meet the requirements needed to be enforceable?
The original covenants were registered in 1978 and require a 75% percent approval from eligible voters for changes. I have been told that a vote did occur in 2016, but when asked for documents surrounding this vote, information was not readily available. There is no list of signatures attached to the the new covenants, and it was sworn that the person signing to register these changes was the owner and developer. He was in fact, the president of the ********* residents' association. the place for signature stated Development Corporation Developer.The signature says president of homeowner association next to his name. Is a signature page showing the 75% approval required for filing? Does the signature on this document meet the requirements to make these covenants binding?
A: This is one of those questions that examining of the relevant documents is needed to know for sure. You should likely consult with an attorney for a more specific answer. Based on the facts you describe, the signature of a single person is not sufficient verification that 75% approval occurred. Many HOA bylaws and CCRs also allow the HOA BOD and the HOA President to take some actions without voting approval. There may be an argument that could be made here that what the HOA President did was within the scope of one of those provisions. There is also the issue of enforcement. HOA actions are difficult to take action against due to the language they often include in the bylaws/CCRs that if you sue the HOA and do not prevail you will be responsible for the HOA's attorney's fees. Good luck.
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