How to get rid of the Declarations for covenants the legal way.

Exposed has been getting messages of owners by the boat load asking, “how do I get rid of covenants? “. Well fear not we show you the simple way all legal and this applies to most if not all covenants and the links to those covenants will be posted here.

In short there is a section in all covenants that says by a vote 75% of “owners” that they can amend or remove covenants. In covenants posted on the WHMD site and our own there is a section in it that allows “owners” to opt out

You can open each PDF file an under the section labeled “Amendment of declarations by owners” is the section which has language that says they can be “repealed” by a vote.

Then after the vote it must be filed a the clerk and recorders office where the original was filed only after it is “certified” after the vote and the amendment or repeal is recorded.

We are searching for what a certification looks like as this is all new information to us.

So this means that all filing 1-11 and Metro Club can “repeal” if they wanted their covenants by a vote of the owners but language in the Colorado Common Interest Ownership Act says only 67% is needed but we are awaiting confirmation on that from a covenant lawyer who specializes in this area.

Stay tuned!

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