Get 2 months of free community web site hosting from Community123.com!
Friday, April 28, 2017
Get 2 months of free community web site hosting from Community123.com!


SBCA: Free education for HOAs and condos on satellite placement issues.
(National Trade Organization)
Helping HOAs, condos and property managers with satellite placement issues since 1986.
Only members have access to all features.
Click here to join HOATalk for Free! Members click here to login and access all features.
Subject: Declarant restates CCRs to bump out development period
Prev Next
Please login to post a reply (click Member Login on the menu).
Author Messages
AlexJ1
(Washington)

Posts:1


04/19/2017 5:12 PM  
Hello all.

I'm a owner in an HOA neighborhood. 17 of the 36 lots have been sold so the developer is still in charge of the HOA.

When I purchased my house I was presented with CCRs with a date of 2013 and said the HOA is turned over after 99% of lots sold or 7 years.

After further digging I found CCRs from 2009 which have all the same language, except they were filed in 2009. Based on those CCRs the development period is over and the HOA should be turned over to the homeowners.

My question is, can the developer change the CCRs like this? I would think homeowners who purchased their lots under the 2009 CCRs would expect the development period to be over.
DouglasK1
(Florida)

Posts:688


04/19/2017 6:00 PM  
CCRs typically can be changed by the assent of a certain percentage of voting interests. 2/3 is common but it could be more or less. Developers often give themselves more than one vote per lot owned, say 10 as an example. Using this math, they can have the ability to make unilateral changes to the CCRs until they own very few lots.

You need to read the CCRs and find the requirements for changing them, along with any special voting rights the developer has. This can be X votes per lot, or maybe even a blanket statement giving them modification rights.
JanetB2
(Colorado)

Posts:2665


04/19/2017 9:58 PM  
I would contend YES the owners who purchased after the 2009 documents filed and before other document can possibly hold feet to the fire. Look at the Title of both documents. Does the 2009 state something to affect "Coventnats, Conditions & Restrictions" and he later document perhaps state "Amended and Rstated Coventants, Conditions & Restrictions"? In the documents it will also generally state the time frame begins at the time the original documents were filed.
JanetB2
(Colorado)

Posts:2665


04/19/2017 10:01 PM  
Posted By JanetB2 on 04/19/2017 9:58 PM
I would contend YES the owners who purchased after the 2009 documents filed and before other document can possibly hold feet to the fire. Look at the Title of both documents. Does the 2009 state something to affect "Covenants, Conditions & Restrictions" and the later document perhaps state "Amended and Restated Coventants, Conditions & Restrictions"? In the documents it will also generally state the time frame begins at the time the "original" documents were filed.



Corrected ... darn no correct option ... LOL.
NigelB
(Texas)

Posts:170


04/20/2017 7:13 AM  
Posted By AlexJ1 on 04/19/2017 5:12 PM
Hello all.

I'm a owner in an HOA neighborhood. 17 of the 36 lots have been sold so the developer is still in charge of the HOA.

When I purchased my house I was presented with CCRs with a date of 2013 and said the HOA is turned over after 99% of lots sold or 7 years.

After further digging I found CCRs from 2009 which have all the same language, except they were filed in 2009. Based on those CCRs the development period is over and the HOA should be turned over to the homeowners.

My question is, can the developer change the CCRs like this? I would think homeowners who purchased their lots under the 2009 CCRs would expect the development period to be over.





There should be a clause in the CC&R's that states how they may be amended.

Ours allow amendments by the written approval of the owners of record of 3/5ths of the lots. So if there is such a provision in your CC&R's it is conceivable that the developer changed them under the 3/5ths rule while holding those 3/5ths of the lots.
Please login to post a reply (click Member Login on the menu).
Forums > Homeowner Association > HOA Discussions > Declarant restates CCRs to bump out development period



Get 2 months of free community web site hosting from Community123.com!



News Articles Provided by: Community Associations Network
News, articles and blogs about condos/HOA's

Only members have access to all features.
Click here to join HOATalk for Free! Members click here to login and access all features.







General Legal Notice:  The content of forum messages are from the posting member and have not been reviewed nor endorsed by HOATalk.com.  Messages posted by HOATalk or other members are for informational purposes only, are not legal or professional advice and do not constitute an attorney-client relationship.  Readers should not act upon this information without seeking professional counsel.  HOATalk is not a licensed attorney, CPA, tax advisor, financial advisor or any other licensed professional.  HOATalk accepts ads from sponsors but does not verify sponsor qualifications nor endorse/guarantee any sponsor's product or service.
HindmanSanchez Legal Notice:  (For messages posted by HindmanSanchez) This message has been prepared by HindmanSanchez for informational purposes only and does not constitute legal advice. This information is not intended to create, and receipt of it does not constitute an attorney-client relationship. Members of HOATalk.com should not act on this information without seeking professional counsel. Please do not send us confidential information unless you speak with one of our attorneys and get authorization to send that information to us. If you wish to initiate possible representation, please contact an attorney in our firm. Our attorneys are licensed to practice law in the state of Colorado only.

Legal Notice For Messages Posted by Sponsoring Attorneys: This message has been prepared by the sponsoring attorney for informational purposes only and does not constitute legal advice. This information is not intended to create, and receipt of it does not constitute an attorney-client relationship. Readers of HOATalk.com should not act on this information without seeking professional counsel. Please do not send any sponsoring attorney confidential information unless you speak with the sponsoring attorney or an attorney from the sponsoring attorney’s firm and get authorization to send that information to them. If you wish to initiate possible representation, please contact an attorney in the firm of the sponsoring attorney. Sponsoring attorneys that post messages here are licensed to practice law in a specific state or states as indicated in their message signature or sponsor’s profile page. (NOTE: A ‘sponsoring attorney’ is an attorney that is a HOATalk.com official sponsor and is identified as such in the posted message or on our sponsor page.)

Copyright HOA Talk.com, A Service of Community123 LLC ( Homeowners Association Discussions )   Terms Of Use  Privacy Statement