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If all sign new doc replacing initial cov/bylaws,can HOA go back & use initial doc instead of newly drafted one?

During an HOA meeting, residents signed a new doc created to replace the verbose initial governing covenant & bylaws. During a dispute over backyard additions, the HOA chose to go back to the original documents to argue their case. Can they use that even though it was revised and signed off on by the residents of the community?

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Attorney answers (1)

Reputation Level 8
There is a difference between covenants and by-laws that may impact the answer to your question. Normally, the most recent, properly-approved covenants filed in the county deed books are what apply in any dispute. With this in mind, we would normally answer that the new covenants would appropriately apply. However, in your question I can't determine if you are referring to by-laws or covenants, and if covenants, whether the modification was properly approved by the members and recorded with the county.
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