Have my CCRs expired?

[danlpeters]

What is the name of your state?I live in a community in Virginia that is subject to covenants, conditions and restrictions. (CCR) The Declaration states:

Section 1. Duration. The covenants and restrictions of this Declaration shall run with and bind the land, and shall inure to the benefit of and be enforceable by the Association or the Owner of any Lot subject to this Declaration, their respective legal representatives, heirs, successors, and assigns for a term of fifteen (15) years from the date this Declaration is recorded, after which time said covenants shall be automatically extended for successive periods of ten (10) years unless this Declaration is amended as hereinafter provided in this Article.

Section 2. Amendment. At any time within fifteen (15) years from the date hereof, the covenants and restrictions of this Declaration may be amended by an instrument signed by not less than ninety percent (90%) of each class of Members. They may be amended thereafter by an instrument signed by not less than seventy-five percent (75%) of the Members. Written notice of any proposed amendment shall be sent to every Owner at least sixty (60) days in advance of any action taken.

Our Declaration was amended about fifteen years ago, although the amendment did not specifically pertain to duration. Since the declaration does not specify that the amendment pertain to duration, could I reasonably argue that when the amendment was made the automatic extensions ended?

I know no one voted to extend the CCR’s. Would this mean that my CCR’s have expired?

 

[HomeGuru]

What is the name of your state?I live in a community in Virginia that is subject to covenants, conditions and restrictions. (CCR) The Declaration states:

Section 1. Duration. The covenants and restrictions of this Declaration shall run with and bind the land, and shall inure to the benefit of and be enforceable by the Association or the Owner of any Lot subject to this Declaration, their respective legal representatives, heirs, successors, and assigns for a term of fifteen (15) years from the date this Declaration is recorded, after which time said covenants shall be automatically extended for successive periods of ten (10) years unless this Declaration is amended as hereinafter provided in this Article.

Section 2. Amendment. At any time within fifteen (15) years from the date hereof, the covenants and restrictions of this Declaration may be amended by an instrument signed by not less than ninety percent (90%) of each class of Members. They may be amended thereafter by an instrument signed by not less than seventy-five percent (75%) of the Members. Written notice of any proposed amendment shall be sent to every Owner at least sixty (60) days in advance of any action taken.

Our Declaration was amended about fifteen years ago, although the amendment did not specifically pertain to duration. Since the declaration does not specify that the amendment pertain to duration, could I reasonably argue that when the amendment was made the automatic extensions ended?

I know no one voted to extend the CCR’s. Would this mean that my CCR’s have expired?

**A: no, my opinion is that there are automatic 10 year extensions and any amendment would change the 10 year extension term only, and if specifically addressed. The CC&R's run with the land and it was not the writer's intention to have the CC&R's expire upon any change via Declaration amendment.