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Requirement of 85% to amend covenants is valid

Requirement of 85% to amend covenants is valid

Requirement of 85% to amend covenants is valid

A provision in the Declaration of Covenants of a homeowners’ association requiring approval of 85% of the owners to make any changes has been upheld in Mississippi. An appellate court has affirmed a trial court decision holding that the provision is unambiguous and reasonable. The Diamondhead Country Club and Property Owners Association was established in the Declaration when the community was first developed in 1970. The Declaration contained a series of regulations concerning home size, parking and traffic regulation, and assessments for the POA that ran for 50 years, unless modified before then. The procedure for modification required approval by 85% of the owners. In 2018, some of the...

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