Legal Question in Real Estate Law in Hawaii

Changes in the CC&R's were voted on.. The changed CC&R's were recorded with the Bureau of Conveyances and became part of peoples deeds on their property.Ten years went by. It was then established by a lawyers opinion the votes to pass the CC&R's did not meet quorum. So is a recorded document even though made without a legal number of votes a valid document?

Asked on 9/22/10, 8:40 pm

1 Answer from Attorneys

Jon Zahaby Tour bus, scenic and sightseeing, operation

If they did not have the required votes to pass the amendment to the CC&Rs;then the amendments are not valid whether recorded or not. Recordation at the Bureau of Conveyances will not make an invalid amendment somehow valid. Recording a document is for giving notice purposes only.

Aloha, Jon A. Zahaby, Esq.

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Answered on 9/27/10, 8:53 pm

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