How do we file an amendment to a covenant for a homeowners association?

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How do we file an amendment to a covenant for a homeowners association?

Our homeowner’s association has voted on and approved an amendment to the covenant however the covenant was never amended and no document was filed with the court. How long after the vote for the amendment do the documents have to be filed with the court?

Asked on December 1, 2011 under Real Estate Law, Florida

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Assuming the vote for the amendment to the covenant concerning a HOA was approved by the required amount of votes of property owners in the association under the recorded "covenants, covenants & restrictions".

The amended covenant should be drafted by an attorney experienced in association matters. Time to draft and sign the covenants would be set by the recorded document I referred to above and if not, in a reasonable amount of time under the circumstances.

The amendment to the covenant does not get filed with the court. It gets recorded with the county recorder's office where the property subject to the amendment of the covenant is located.


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