LarryD10 (Texas)
Posts: 26
Posts: 26
Posted:
Couldn't find a forum on more than 1 set of cc&r on the same sum division looking to see which 1 would rule
thank
A service of:
Community123.com
Professional websites for HOAs & condos, since 2004
Professional websites for HOAs & condos, since 2004
🎁 1st year FREE for HOATalk members! →
Looking for a Forum on
Started by LarryD10 • 21 replies • 1435 views
💬 Join us to post & get advice from 50,000 HOA & Condo leaders.
Create Free Account →
⚡ Takes 30 seconds
Already a member? Log in
Couldn't find a forum on more than 1 set of cc&r on the same sum division looking to see which 1 would rule
thank
JeffR7 (California)
Posts: 251
Posts: 251
Posted:
The one that was recorded last would be the one in effect.
LarryD10 (Texas)
Posts: 26
Posts: 26
Posted:
the last one had a clause to opt in and we didn't opt in so our property was left out of the cc&r
JeffR7 (California)
Posts: 251
Posts: 251
Posted:
what are you asking
LarryD10 (Texas)
Posts: 26
Posts: 26
Posted:
Jeff
the new cc&r which the BOD says we are not under, also says we had to honor
the new ones and not the one on our deed but both
the new cc&r which the BOD says we are not under, also says we had to honor
the new ones and not the one on our deed but both
JeffR7 (California)
Posts: 251
Posts: 251
Posted:
Without knowing details it's very hard to answer.
The most current filed CC&Rs are those that are in effect. If there are CC&Rs that were filed but don't apply to you - they don't apply to you.
The most current filed CC&Rs are those that are in effect. If there are CC&Rs that were filed but don't apply to you - they don't apply to you.
LarryD10 (Texas)
Posts: 26
Posts: 26
Posted:
Got a e-mail from the HOA saying they can't cash my check for dues because i put the 6th covenants on it for the 150.00 per year, they say i own 250.00 per year under the new 4th covenants. The differents in the order of covenants
is the last 6th covenants which i'm under hoa name(xxxx), the developer took all unsold lots and started a new set of covenants under name (xxxx) which is different name but could opt in under new name we didn't do. The land is in the same sudivision, so now they want us to pay dues on the 4th and not the 6th covenant which is the only one on deed at courthouse.The question was which do we honor 6th or 4th covenants. Hope this help on my question
thanks larry
is the last 6th covenants which i'm under hoa name(xxxx), the developer took all unsold lots and started a new set of covenants under name (xxxx) which is different name but could opt in under new name we didn't do. The land is in the same sudivision, so now they want us to pay dues on the 4th and not the 6th covenant which is the only one on deed at courthouse.The question was which do we honor 6th or 4th covenants. Hope this help on my question
thanks larry
JeffR7 (California)
Posts: 251
Posts: 251
Posted:
Let me see if I understand this correctly.
A developer formed an HOA. We'll call this HOA 'ABC' Sold so many properties.
The same developer formed another HOA (with another set of deed restrictions) and sold more properties. We'll call this HOA XYZ.
Per recorded CC&Rs of HOA XYZ it had an option to join ABC HOA, which it chose not to do.
At a later time ABC HOA modified its CC&Rs and increased their dues.
If my understanding of the situation is correct - you have nothing to do with ABC and should go under XYZ. Why 4th is after 6th confuses me, however.
A developer formed an HOA. We'll call this HOA 'ABC' Sold so many properties.
The same developer formed another HOA (with another set of deed restrictions) and sold more properties. We'll call this HOA XYZ.
Per recorded CC&Rs of HOA XYZ it had an option to join ABC HOA, which it chose not to do.
At a later time ABC HOA modified its CC&Rs and increased their dues.
If my understanding of the situation is correct - you have nothing to do with ABC and should go under XYZ. Why 4th is after 6th confuses me, however.
LarryD10 (Texas)
Posts: 26
Posts: 26
Posted:
HOA ABC has option to to join XYZ but didn't do in my case, so i have nothing to do with XYZ. can hoa website be posted to read the covenants on question. You just had it backward.
LarryD10 (Texas)
Posts: 26
Posts: 26
Posted:
1 (a). These Protective and Restrictive Covenants shall apply to the following lots in (ABC) II and Section III.
Block Numbered Seven (7)
Lots 5, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 19, 30, 31, 33, 34, 35, 36, 37, 38, 39 and 40.
Lot in question is Blk 7 Lot 20
26. The owners of properties located in (ABC) Section II and Section III, whose property does not fall under these Protective and Restrictive Covenants will be charged maintenace fees for the services provided by (XYZ). Non payment of fees will result in termination and/or disconnection of services provided as stated in the bylaws.
Block Numbered Seven (7)
Lots 5, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 19, 30, 31, 33, 34, 35, 36, 37, 38, 39 and 40.
Lot in question is Blk 7 Lot 20
26. The owners of properties located in (ABC) Section II and Section III, whose property does not fall under these Protective and Restrictive Covenants will be charged maintenace fees for the services provided by (XYZ). Non payment of fees will result in termination and/or disconnection of services provided as stated in the bylaws.
JeffR7 (California)
Posts: 251
Posts: 251
Posted:
So now XYZ says that you should pay 250 instead of 150? correct?
The rule 26 is pretty clear. You need to pay what they charge or they'll turn off services, whatever they might be.
The rule 26 is pretty clear. You need to pay what they charge or they'll turn off services, whatever they might be.
LarryD10 (Texas)
Posts: 26
Posts: 26
Posted:
ok 1 last thing if 6th call for 150.00 dues to paid for expence, and i can't vote on the changes of covenants in XYZ because i'm not under their covenants then why do have to honor the 4th if not under
thank you larry
thank you larry
JeffR7 (California)
Posts: 251
Posts: 251
Posted:
Because your CC&Rs say you do. Read section 26 of what you posted.
You can amend your CC&Rs to exclude it, but you'll have to figure out how you'll pay for services provided to your association by the other association.
Maybe it makes sense to vote to join the other one and have a say in what's going on.
You can amend your CC&Rs to exclude it, but you'll have to figure out how you'll pay for services provided to your association by the other association.
Maybe it makes sense to vote to join the other one and have a say in what's going on.
LarryD10 (Texas)
Posts: 26
Posts: 26
Posted:
Jeff the post was on the other HOA cc&r not my cc&r i was showning they left out the old lots in Blk 7 and saying the unlist lots are not under their cc&r but 26 saids we had to pay and way, our dues under my CC&r should pay bills
larry
larry
LarryD10 (Texas)
Posts: 26
Posts: 26
Posted:
Sorry I didn't post it right it should be
[ 1 (a). These Protective and Restrictive Covenants shall apply to the following lots in (ABC) II and Section III.
Block Numbered II Seven (7)
Lots 5, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 19, 30, 31, 33, 34, 35, 36, 37, 38, 39 and 40.
Lot in question is Blk 7 Lot 20 ( is under XYZ only )
26. The owners of properties located in (ABC) Section II and Section III, whose property does not fall under these Protective and Restrictive Covenants will be charged maintenace fees for the services provided by (ABC). Non payment of fees will result in termination and/or disconnection of services provided as stated in the bylaws.
If (XYZ) is not in (ABC) and this cc&r don't apply, and it calls for dues in XYZ(xxx) but (ABC) what's more do i pay the (ABC), they won't let me vote on ABC cause I'm not in there cc&r
TimB4 (Tennessee)
Posts: 21,047
Posts: 21,047
Posted:
Is it possible that you have a master association in addition to your own? This could explain the two sets of deed restrictions.
LarryD10 (Texas)
Posts: 26
Posts: 26
Posted:
Ok which do we honor
thanks for the infro
thanks for the infro
TimB4 (Tennessee)
Posts: 21,047
Posts: 21,047
Posted:
If you have a Master Association in addition to a community Association, you need to honor both - as both are attached to your deeds.
If you have two sets of deed restrictions from the same Association then, as others have posted, you need to follow the last one filed.
I went back and reread your postings and you might need to seek the advice of a local attorney. I say this because they will have access to all the documents and the ability to ask your Association for any additional info. This is one of those times when it's difficult to say one way or the other without this additional information.
Sorry I couldn't be of more assistance.
If you have two sets of deed restrictions from the same Association then, as others have posted, you need to follow the last one filed.
I went back and reread your postings and you might need to seek the advice of a local attorney. I say this because they will have access to all the documents and the ability to ask your Association for any additional info. This is one of those times when it's difficult to say one way or the other without this additional information.
Sorry I couldn't be of more assistance.
LarryD10 (Texas)
Posts: 26
Posts: 26
Posted:
Thanks only XYZ on my deed no other. do had a appointment Monday with a attorney
will update on what he says, what is a Master Assocation, thanks to everyone for there input. New at this
larry
will update on what he says, what is a Master Assocation, thanks to everyone for there input. New at this
larry
TimB4 (Tennessee)
Posts: 21,047
Posts: 21,047
Posted:
Lets say you live in a development that has several sections, single family homes, townhomes, duplexes, etc. and all of these sections share the same road or clubhouse or lake, etc.
There might be one association for the town homes, one for the duplexes and one for the single family homes. Each taking care of their own section of the development.
A Master Association would be responsible for the clubhouse, main road, lake, etc.
A homeowner would belong to both Associations (the Association for their section and the Master). There would be two assessments to pay and possibly two sets of deed restrictions.
Let us know what the lawyer says.
Be sure to bring copies of all the governing documents and any communication you had with the Association along with you.
Tim
There might be one association for the town homes, one for the duplexes and one for the single family homes. Each taking care of their own section of the development.
A Master Association would be responsible for the clubhouse, main road, lake, etc.
A homeowner would belong to both Associations (the Association for their section and the Master). There would be two assessments to pay and possibly two sets of deed restrictions.
Let us know what the lawyer says.
Be sure to bring copies of all the governing documents and any communication you had with the Association along with you.
Tim
LarryD10 (Texas)
Posts: 26
Posts: 26
Posted:
Update from lawyer this is a big mess having 2 sets of cc&r in 1 subdivision but he said i'm only under XYZ and not ABC so my dues are what my cc&r state and goes into the pot to help pay bills.ABC couldn't enforce there cc&r due to the fact they can't put it on my deed unless i sign to do so. Thanks for the input from everyone. He will let me know more later. HOA in Texas
larry
larry
TimB4 (Tennessee)
Posts: 21,047
Posts: 21,047
Posted:
Larry,
Thank you for the update.
Thank you for the update.
🎯 You've read this entire discussion
Join the conversation with 50,000 HOA & Condo Leaders:
- ✓ Ask follow-up questions
- ✓ Share your experience
- ✓ Get expert advice
- ✓ Access 350,000 discussions
Create Free Account →
⚡ Takes 30 seconds
Already a member? Log in here