Legal Question in Real Estate Law in Utah

Amended CC&R

If an HOA adopts by valid vote Amended /Restated CC&Rs, but teh CC&Rs are not recorded, are the Amended CC&Rs valid?


Asked on 12/08/08, 7:12 pm

1 Answer from Attorneys
Mel Larew

Re: Amended CC&R

Assuming that the CC&R's were validly passed, they are "valid" without recording. The larger question is from a little different direction, are they "enforceable" without having been recorded? The answer is a qualified "yes," they are enforceable to those who have notice of them or "constructive" notice of them. How that can happen is an open issue. However, by recording the CC&R's constructive "notice" is given to the entire world, i.e., they are enforceable against everyone, not just those who have actual knowledge of their existence.

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Answered on 12/08/08, 9:46 pm


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