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Samuel-II
Samuel-II, Lawyer
Category: Real Estate Law
Satisfied Customers: 27010
Experience:  real estate law
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We own property, single family home, in a "deed restricted

Customer Question

We own property, single family home, in a "deed restricted community" Is is possible to make changes to any of those restrictions.
Submitted: 10 months ago.
Category: Real Estate Law
Expert:  Samuel-II replied 10 months ago.

Hello

This is Samuel and I will discuss this and provide you information in this regard.

Expert:  Samuel-II replied 10 months ago.

Yes, Convenants and restrictions may be amended as well as the bylaws of the association. The Bylaws should provide the process for how to do that. Generally, it is done via Motion to the Association at one of its member's meetings.

Expert:  Samuel-II replied 10 months ago.

The Motion to Amend or Create a restriction can be brought by a member or they can discuss it with a Board member and have the Board member make the Motion. The Roberts Rules govern these meetings. So you should consider getting a copy of Robert's Rules from your local library or book store so you can see how the process proceeds when a Motion is made.

Customer: replied 10 months ago.
what if the covenants lack any specific language about changing restrictions?
Expert:  Samuel-II replied 10 months ago.

Please let me know here if you have other questions or need clarification. Otherwise a Positive rating ensures i get credit for my time.

Expert:  Samuel-II replied 10 months ago.

It does not have to be specific. A Motion can be made to make or amend restrictions.

Customer: replied 10 months ago.
thank you.
Expert:  Samuel-II replied 10 months ago.

The process is as I explained. Make the Motion or have a Board Member make the Motion. When making a Motion one should always have a person to Second the Motion lined up.

Expert:  Samuel-II replied 10 months ago.

HERE is a Link to RRO online. Read about Motions and Seconds, etc. You're welcome. Thanking you in advance for a positive rating.