All there have been some recent questions about the C&Rs hence this post.

 

Louis Breland bought the development around 1998 from the original developer Windhill Development.  At that time, Breland re-wrote the entire C&Rs and again re-wrote them in 2001.  As the “declarant” Breland had the power to “unilaterally amend the Declaration [the C&Rs] for any purpose.”  Breland made several other changes to the Declaration over the years to allow the Adams section of the neighborhood to be built.  Those amendments reduced lot sizes, reduced minimum square footage requirements, reduced setbacks from road fronts and between houses etc.  The final substantive change Breland made to the C&Rs was in 2002 when he amended the C&Rs to limit the Board’s ability to raise the general assessment to 110% of the previous year’s assessment without a majority vote of the members.  Breland is no longer the Declarant so he can no longer amend the C&Rs.  

 

In 2014 the Board of Directors amended the C&Rs as allowed by the C&Rs by a unanimous vote.  The amendment reduced the Board’s power by eliminating the Board’s ability to amend the C&Rs with a ¾ majority vote of the Board with no input from the members.  The only way to amend the C&Rs now is a 2/3s vote of the members. 

 

In conclusion, the 2001 Amended C&Rs ARE the C&Rs for the HOA and can only be amended by a 2/3s vote of the homeowners.  The C&Rs are recorded with the Judge of Probate of Madison County and are available on their web site.  Additionally the C&Rs are on the HOA website at www.magsprings.com where you can download the document or print them if you need a hard copy.