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CC & R’s Termination Date

I’m trying to determine if the CC & R’s on a property are still in effect. Here is the verbiage they used:

“All of the aforesaid conditions and restrictions shall continue and remain in full force and effect at all times as against the owner of any lot in said property, regardless of how the title thereto may be acquired, until the commencement of the calendar year 2004, on which date the said conditions and restrictions shall terminate and end, and thereafter, be of no further legal or equitable effect on said property or any owner thereof; provided, however, that said conditions and restrictions shall be automatically extended for a period of ten years, and thereafter in successive ten year periods, unless on or before the end of one of such extension periods, or the base period, the owners of majority of the lots in said subdivision shall by instrument duly recorded declare a termination of the same.”

Based on this, would the homeowners (there is no HOA in effect) had to have recorded something to initiate the 10 year automatic renewal starting? If not, and it starts automatically, I don’t understand why there is a termination date in the first place? Thanks for your help!

1 Response

  1. DennisL

    Amy,

    CC&R’s are all written by attorneys in a manner that is confusing to the casual reader. (Most homeowners). Without clarity in the documents, it allows them to interpret the document any way they want at the time. While most CC&R’s have a similar provision this is the most confusing that I’ve ever seen. I had to read this statement 3 times to figure out what it says. Your CC&R’s automatically renew on 10-year intervals unless the homeowners vote to terminate the HOA. all the language relative to the 2004 end date is simply smoke screen and diversion tactic. All CC&R have some sort of effectiveness duration but they are also all automatically renew from that date. People see the first part of the statement and fail to read the last part of the statement.

    Dennis

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