Resident raises recorder-office IT labeling issue after HOA documents mislabeling caused confusion

A resident from Swan Creek Village told commissioners he obtained a recording from the county recorder’s office that was labeled as CC&Rs (covenants, conditions and restrictions) but contained the homeowners association bylaws. The mislabeling, the resident said, misled property owners into thinking a CC&Rs amendment had been recorded when it had not.

Recorder staff explained the county’s recording system uses a limited set of state-designated codes and that bylaws and CC&Rs may fall under the same umbrella code in the state’s filing taxonomy; staff said it is an IT/labeling issue rather than an intentional misrepresentation. The recorder said she could record combined files if the applicants submitted them as a single document but could not retroactively change a recorded PDF.

Commissioners and the resident discussed options: the recorder’s office will research whether bylaws and CC&Rs can be combined into a single PDF on submission and whether the county’s classification options with the state archives could be adjusted. The resident said buyers should do due diligence, but commissioners agreed improved clarity and labeling would reduce homeowner confusion. No regulatory changes were made at the meeting; recorder staff agreed to consult with IT and state records guidance and report back.