![]() In the long run these documents can seriously hinder the ability of an Association to function. Unfortunately, all too often we have seen amendments that have been improperly drafted or not prepared by legal professionals. As such they are important because they impact your use and enjoyment of your property. They become a part of the title to your lot or condominium unit. As such they track with the title to the property they encumber. ![]() Amendments are recorded in the local county Register’s Office. When you think about this process, it becomes logistically complicated.įurther, an amendment is a legal document. Generally stated, the amendment process requires notice of a meeting at which the amendment will be discussed and voted upon, a duly-held meeting, and an affirmative vote authorizing the amendment by some super majority of the membership of the Association. Thus, the notice and quorum provisions of the bylaws of the Association come into play. A meeting is required because the vote must be held at a meeting of the Association because the Association is a corporate entity and acts by and through its members at duly-held meetings. Since a vote of the Association is required, a meeting of the Association will likely be required. That being said, it is safe to say that an amendment will require the vote of a super-majority of the Association. As we have said before, in Tennessee the documents are important. The requirements in one master deed regarding amendment may not be the same as those found in another. This is because each document is different. There is no set method for amending a master deed, CCRs, or bylaws. Further, the amendment relates back to the original document for priority purposes. The idea being that the end result is a better document. The amendment may add, delete, or substitute language or exhibits in a master deed, CCRs, or bylaws. It is a document that alters or otherwise changes a provision in the existing document. An amendment to a master deed, CCRs, or bylaws is fairly simple. You may reach our Condo & HOA Law Group Chair, Colby Keefe at or by phone at 23.Often we are asked about amendments to CCRs, master deeds, or bylaws. If your HOA or commercial property owners’ association has any concerns regarding the effect of MRTA and the new changes on its Covenants, contact an attorney to confirm whether revitalization or preservation may be required. It should also be noted that the amendments to MRTA allow non-residential associations to use the same procedures as HOAs to preserve or revitalize commercial Covenants. The preservation no longer requires the approval of 2/3 of the Board and it no longer is required to a have a specific notice to affected property owners, so the approval can be done by following the requirements for Board meeting notice and approvals as provided under the Bylaws. The Board is now required to annually consider the desirability of preserving the Covenants at the first Board meeting, excluding the organizational meeting, following the annual meeting of the members. The summary notice would need to be approved by the Board of Directors before it is recorded and must include basic information about the HOA and property, as well as an indication of the HOA’s intent to preserve the Covenants from extinguishment under MRTA. The amendment must be indexed by the clerk of court under the legal name of the HOA and must reference the recording information of the Covenants that are being preserved. Under the new law, HOAs now have the option to preserve their Covenants during the 30 year period by recording the Statement of Marketable Title Action that was required under the prior version of the law, or they can either record an amendment or they can record a summary notice during the 30 year period. The bad news is that the new law is not effective until October 1, 2018, and, further, the new law will not save any HOAs from having to go through the statutory revitalization process if their Covenants have already expired under the current law prior to October 1, 2018. The good news is that in 2018, the Florida legislature amended MRTA by the passage of House Bill 617, to provide that certain amendments will preserve the Covenants if they are recorded before the time the Covenants would have expired. In my prior article, I stated that merely amending or restating the covenants does not restart the 30-year clock, but that a statutory process must be followed. In simple terms, MRTA can eliminate the effectiveness of recorded Covenants if they haven’t been preserved within 30 years from when the covenants and restrictions were recorded. Last year, I wrote an article warning homeowners’ associations (“HOAs”) that the enforceability of their covenants and restrictions (“Covenants”) may be affected by the Marketable Record Title Act (“MRTA”).
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