What is the name of your state? Indiana.
Our HOA Covenants and Restrictions state:
"The following restrictive covenants shall be binding on all of the parties and all persons claiming under them until such time as they may be terminated as provided herein:"
After the covenants are set out, it goes on to state:
"The foregoing restrictive covenants are to run with the land and shall be binding on all parties and all persons claiming under them for a period of fifteen (15) years from the date these Covenants and Restrictions shall be recorded, after which time said Covenants and Restrictions shall be automatically extended for successive periods of ten (10) years unless an instrument signed by a majority of the owners of the lots has been recorded, agreeing to change said Covenants and Restrictions in whole or in part."
So, my question is this: After two years, someone in our HOA is petitioning to get acceptance for above ground pools...which are clearly prohibited in our CC&R's. Can they do this? Doesn't the current wording mean that the current CC&R's, as of the date they were recorded, are binding for 15 years and cannot be changed....AFTER WHICH TIME they will be automatically extended for 10 year periods UNLESS majority wants to change them in whole or in part?
Am I misinterpreting this? Doesn't the phrase "after which time" apply to the start of the successive 10 year extensions AND the ability of a majority of owners to make changes?
Thanks.
Our HOA Covenants and Restrictions state:
"The following restrictive covenants shall be binding on all of the parties and all persons claiming under them until such time as they may be terminated as provided herein:"
After the covenants are set out, it goes on to state:
"The foregoing restrictive covenants are to run with the land and shall be binding on all parties and all persons claiming under them for a period of fifteen (15) years from the date these Covenants and Restrictions shall be recorded, after which time said Covenants and Restrictions shall be automatically extended for successive periods of ten (10) years unless an instrument signed by a majority of the owners of the lots has been recorded, agreeing to change said Covenants and Restrictions in whole or in part."
So, my question is this: After two years, someone in our HOA is petitioning to get acceptance for above ground pools...which are clearly prohibited in our CC&R's. Can they do this? Doesn't the current wording mean that the current CC&R's, as of the date they were recorded, are binding for 15 years and cannot be changed....AFTER WHICH TIME they will be automatically extended for 10 year periods UNLESS majority wants to change them in whole or in part?
Am I misinterpreting this? Doesn't the phrase "after which time" apply to the start of the successive 10 year extensions AND the ability of a majority of owners to make changes?
Thanks.