How Words Like “Change” or “Modify” Matter
If your Association’s covenants have the words “add” or “change” to them, the Association can most likely make a change or addition to its original covenants that are recorded against the property if the proper voting procedures in the covenants are followed. See my previous article.
But what if the covenants don’t have these magical words and instead allow an Association to “change” or “modify” the existing covenants? What words are broad enough in scope to allow for amendments to happen and what is a wholly new covenant?
In Evergreen Highlands Assoc. v. West, the Colorado Supreme Court held that words like “change” and “modify” were expansive enough to allow modifications to existing covenants. See the case here . It found that a preexisting covenant allowing some owners to pay assessments could be changed or modified to allow for all owners to pay assessments to the Association. It did not find that this was a wholly new covenant but only a modification to the existing covenants. It also found that there is an implied power to raise funds.
For questions about association covenants or its amendments, please contact me.
