CCR Amendment
Hi Dennis. The CCR’s were recorded with the incorrect location of the real property’ ( they say Gilbert instead of Chandler) and there is a reference in the CCR to a provision that doesn’t exist. Is it possible to amend CCR’s without a vote of the homeowner’s to correct these issues? Seeing that the CCR’s reference a real property that doesn’t exist, can the CCR’s be considered null and void?
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Kathy,
This type of editorial error is what is known as a Schrivener’s error in contract terms. The declarant has the right under the law to correct this error with an amendment to the CC&R’s without the approvals of the members. Typically, these issues are identified very early in the life of the community when the declarant still has the voting rights alone necessary to satisfy the declaration amendment requirements, so this prior point is moot. While the error does not impact the validity of the recorded covenant it should be corrected at the earliest opportunity. If allowed to fester without being corrected it could subject the association to legal challenges in the future. The longer the issue remains the more difficult the process will be to change the CC&R’s to correct the obvious error.
Dennis
Thanks Dennis. You rock!