What happens if CCRs were never recorded....?

[sroutlaw]

What is the name of your state? Missouri
We bought land in a small, we thought, HOA controlled area. The board has just realized, after eight years of living as an "HOA", that the CCRs were never recorded with the county; they are under the impression that this means that not only are the CCRs not enforceable, but that they must be now signed or okayed by either all of 75% of the landowners presently in the subdivision. Is this true? What if we now do not wish to sign the new, reworked CCRs?
Stephanie

 

[nextwife]

Good grief. You mean not a single homeowner or their attorney actually read their title policies? Did the title provided to buyers show the CC&Rs in Schedule B2, because if so, the title company must have recorded it or had knowledge of it having been recorded. If so, has anyone checked with the title insurer who did the master policy to see if they have any recording info or maybe even the original CC&R in their file?

They (title company) would not have shown it if they didn't have it. Perhaps it is misposted in the record and they can supply the correct recording data?