Can HOA ammend covenants outside of defined terms?
real estate attorney South Carolina Jul 28, 2026
Location: South Carolina My neighborhood's HOA would like to amend the covenants. I don't think it's possible because of the defined term of the covenants. A board-member is saying it is, with a majority of owners voting in the affirmative. The covenants were signed and notarized on September 9th, 1985. As defined in the covenants: TERM. These covenants are to run with the land shall be binding on all parties and all persons claiming under them for a period of forty (40) years from the date these covenants are recorded, after which time said covenants shall be automatically extended for successive periods of ten (10) years unless an instrument signed by a majority of the then owners of the lots has been recorded, agreeing to change said covenants in whole or in part. Some of us say the window for changing the covenants has passed as no action was taking in September 2025, and some of us are saying we are free to hold a vote and change them assuming the majority of owners agree to change. What say you?
