Question:
Are CC&Rs a binding contract that runs for a certain amount of years. Can a 2/3 vote to amend them to remove them. One place in the CC&Rs it talks about there binding for 30 years with the last five years automatically extending unless by written instrument amending them by a 2/3 vote is recorded. Which some violators are taking only 2/3 vote can amend the CC&Rs to get rid of protection before the 30 years. The kinds of changes purposed would remove protection for high end homes and is being used as a way strip rights owners thought they bought into. Can a binding contract like this be changed without one hundred percent agreement. There less than eight homes so it wouldn’t take many to agree but the damages would be great. (Seattle, WA)
Answer:
Definition: CC&Rs – Covenants, Conditions and Restrictions. The CC&Rs, themselves, should have the answer to your question. CC&Rs often spell out the procedure for how they are to be amended, changed, and/ or modified. I would recommend having the CC&Rs reviewed by counsel to get an answer to your question. It is hard for someone to give you a more definitive answer in this forum without reviewing the CC&Rs in my opinion.
Disclaimer
This answer is merely for general informational purposes only and does not constitute an attorney/client relationship. You are strongly advised to consult with an attorney licensed in your home jurisdiction to get detailed advice on your legal matter based on the laws of your home jurisdiction and case facts.
