#Amending hoa covenants code#

#Amending hoa covenants code#

Code § 48-51-101, et seq.), that have created conflicting insurance provisions, and that have deleted enforcement provisions, amongst other things. For example, we have seen “homegrown” amendments that have inadvertently deleted the bylaws (thus causing the Association to rely upon the Tennessee Non-Profit Corporation Act, Tenn. In the long run these documents can seriously hinder the ability of an Association to function. Unfortunately, all too often we have seen amendments that have been improperly drafted or not prepared by legal professionals. As such they are important because they impact your use and enjoyment of your property. They become a part of the title to your lot or condominium unit. As such they track with the title to the property they encumber. Amendments are recorded in the local county Register’s Office. When you think about this process, it becomes logistically complicated.įurther, an amendment is a legal document. Generally stated, the amendment process requires notice of a meeting at which the amendment will be discussed and voted upon, a duly-held meeting, and an affirmative vote authorizing the amendment by some super majority of the membership of the Association. Thus, the notice and quorum provisions of the bylaws of the Association come into play. A meeting is required because the vote must be held at a meeting of the Association because the Association is a corporate entity and acts by and through its members at duly-held meetings. Since a vote of the Association is required, a meeting of the Association will likely be required. That being said, it is safe to say that an amendment will require the vote of a super-majority of the Association. As we have said before, in Tennessee the documents are important. The requirements in one master deed regarding amendment may not be the same as those found in another. This is because each document is different. There is no set method for amending a master deed, CCRs, or bylaws. Further, the amendment relates back to the original document for priority purposes. The idea being that the end result is a better document. The amendment may add, delete, or substitute language or exhibits in a master deed, CCRs, or bylaws. It is a document that alters or otherwise changes a provision in the existing document. An amendment to a master deed, CCRs, or bylaws is fairly simple. Often we are asked about amendments to CCRs, master deeds, or bylaws.