Expired CC&rs
Hello, Our CCC&rs expired in 2002 automatically. We would like to reinstate them. If we did not vote to abandon them, but a provision was in to abandon them which took effect 2002, are they still “running with the land?”. If they are dissolved, can you tell me the process to reinstate them? We do not currently have an active HOA, but would be thinking of reinstating that also. Any help you can provide is greatly appreciated.
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Christine,
Most CC&R’s have an expressed expiration date but then also have an automatic renewal provision unless the association votes to terminate the CC&R’s. I’ve never seen one to cancel automatically. If the association is terminated then the county record must be updated to remove the covenants from the title of all property in the community. Unless that is done the covenants still apply and the association is valid. Look at your CC&R’s carefully or if you wish send them to me and I’ll read them and let you know what they say. If you have not been electing board members then who has been paying the bills? I would venture to guess that your CC&R’s are still in effect and your association is live and well even if it has been absent for a couple years. All you have to do is elect a board and you anr in business.
Dennis