Homeowners Association covenants and restrictions. Need clarification (McHenry, Henry: subdivision, approval)

[missymolitor]

"Our Covenants read:

8-5. The covenants and restrictions of this Declaration shall run with and
bind the land for a term of twenty (20) years from the date this Declaration is
recorded, after which time they shall be automatically extended for successive
periods of ten (10) years. This Declaration may be amended or terminated by an
instrument executed and acknowledged by not less than seventy-five percent (75%)
of the voting members: provided, however, that until such time as the last lot
subject hereto is sold by the developer, such instrument shall also be required
to be approved, executed and acknowledged by it or the same shall be of no force
and effect. Any such amendment shall be effective only upon recordation in the Office of the Recorder of Deeds of McHenry County.

8-6. This document may be amended by a majority vote of the lot Owners so
voting at a meeting called for that purpose. For a period of 60 months from the
date of first recordation of the Declaration, the Developer reserves the sole
privilege to amend this document at its discretion or to annex other lots or
tracts to this Declaration with reference to this document.

There is NO DOUBT what 8-5 addresses…. The covenants and restrictions. That is the actual rules and regulations we all agreed to abide by.

Paragraph 8-6 starts off saying THIS DOCUMENT.

In Webster’s New World dictionary DOCUMENT is defined as : 1. Anything printed, written, etc. that contains information or is relied upon to record or prove something. 2. anything serving as proof.

It is clear that paragraph 8-6 is referring to the of paper that the Declaration of covenants and restrictions is written on. NOT THE COVENANTS and RESTRICTRICTIONS.

Paragraph 8-5 and 8-6 state that first in paragraph 8-5 that The covenants and restrictions 1st need a 75% of the voting members to change our covenants. Second 8-5 says that until the Deveoper sells the last lot that the covenants cannot be changed without his approval. (He is still building in this subdivision but it is past the 60 moths)

8-6 says that the paperwork cannot be changed unless you have a majority vote. This means in this instance that if we had a 75% vote to change our covenants we still would have to have a vote at a meeting for changing this document. That vote has to be a majority before this document can be changed. It is a two step process.

Some in the HOA want to say that 8.6 contradicts 8.5 and over rules it... meaning that you can have a meeting and a majority vote can change the covenants.

What do the two paragraphs really mean? Pls help ! ! ! !