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KGHOABODM2-4
Ms. Rowdon,
1. The resolution did not need to be filed or recorded at the Courthouse. As long as it does not contradict a recorded document ofhigher "dignity" i.e. the Covenants or by-laws, then it would still be valid. A Board Resolution can be changed or revoked by a subsequent Board's Resolution, also passing by a simple majority vote.2. For the members' Motion to pass and effect a change to the recorded Covenants, the Amendment should be signed by the owners, (husbands and wives) of 80% of the lots subject to the covenants. Those signatures would need to be notarized. Then, that single document could be recorded once for the whole subdivision, but it should be "indexed" against each lot, including those that did not sign.
I hope this answers your questions. Thank you again for understanding the press of litigation and other matters which monopolized my time the end of last week and the beginning of this week. Mike Levy
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| Copyright © 2001, Marcus C. Thomas |