QUESTION
What does this covenant periods mean?
Asked on Apr 11th, 2014 on Estate Planning - California
More details to this question:
Please help me to understand the covenants periods in the following paragraph a) 25+10 years (total of 35 years only), or b) 25+10+10+10+10... Years (continuously valid). These covenants are to run with the land and shall be binding on all parties and persons claiming under them for a period of twenty five years from the date these covenants are recorded, after which time said covenants shall be automatically extended for successive periods of ten years unless an instrument signed by the majority of the then owners of the lots has been recorded, agreeing to change said covenants in whole or in part.
9 ANSWERS
3 Awards
You need an attorney to actually review the document that were recorded.
Answered on Apr 15th, 2014 at 8:55 PM
Business Planning Attorney serving Livonia, MI
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Frederick & Frederick Attorneys at Law
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Your summary makes no sense when the language is taken out of the proper context. What are you trying to accomplish?
Answered on Apr 14th, 2014 at 10:52 PM
Trusts Attorney serving Sacramento, CA
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Law Office of Victor Waid
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Looks like the last line of your question controls; you must obtain an agreement from all of the beneficial owners or obtain a court order extinguishing the covenants.and record.
Answered on Apr 14th, 2014 at 5:09 PM
Thomas Edward Gates
Assuming you have an HOA in your division. Covenants define how the property may be used by the resident. The initial covenant covers the first twenty-five years of when the HOA was created. Generally, the contractor administers the HOA until either a certain number of homes have been sold or the residents petition the contractor for control of the HOA. After the twenty-five year period, the convents are extended automatically in ten year increments or until the HOA members agree to no longer being bound by the covenants.
Answered on Apr 14th, 2014 at 2:16 PM
What this means is that the recorded restrictive covenants remain effective for 25 years. Thereafter, they automatically renew for 10 year periods, unless a majority of the owners of the affected property approve and record an amendment to the covenants. So in years 25, 35, 45, 55, and so on, the covenant may be amended. Also, generally, in other years, the covenants cannot be amended except by an amendment that would take effect at the end of the current 10 year renewal period. For example, 28 years after the covenants were recorded, they cannot be amended so that in year 28 or 29, the amendment becomes effective. Instead, they cannot be amended until 35 years after they were first recorded.
Answered on Apr 14th, 2014 at 2:15 PM
The B option applies unless a change has been recorded in the past. Close to the end of the next 10 year period you can attempt to get the covenants changed.
Answered on Apr 14th, 2014 at 2:14 PM
Commercial Attorney serving Chicago, IL
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Ashcraft & Ashcraft, Ltd.
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The wording is open to interpretation. It seems that after the initial 25 year period, the covenants are automatically renewed for successive 10 year periods. There is a mechanism to change the covenants, that is, by recording a document having approval of a majority of the affected landowners. It seems that the change would go into effect at the end of the initial term, if filed during the initial term, or at the end of the then current 10 year period. An alternative interpretation is that an approved change in the covenants would go into effect upon recording the amending document.
Answered on Apr 14th, 2014 at 2:13 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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I would suspect that you should actually take the entirety of the proposed contract for review by an attorney. From what little information areas it would appear that there would be some restriction or covenant regarding the land which would have a term of at least 25 years and be renewable unless other actions are taken either for another ten-year period, or perhaps into perpetuity.
Answered on Apr 14th, 2014 at 2:07 PM
2 Awards
It seems inconsistent. You need to show the deed to an attorney. It appears from the language after a and b, that b controls but it is hard to tell without seeing the deed.
Answered on Apr 14th, 2014 at 12:46 PM