Covenants
Hi Dennis,
I am new to the Board of our HOA. We are a cooperative and in desperate need for covenants update. Can we scrap the ones we have and start over? Or do we need to do addendums?
Thanks
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Madaline,
Anything that you do will be an amendment to the CC&Rs. It can be major like a total restatement, or it can be minor. What and how you change in that document will determine the level of approval required to make that happen. Your CC&R will establish the approval authority required for any change. Since occupants do not own any property in the co-op than the recent AZ Supreme Court case relative to certain changes to planned community declaration requiring unanimous consent does not apply to your community.
Dennis