Get 2 months of free community web site hosting from Community123.com!
Friday, December 14, 2018
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: If 20 year old deed restriciton changes can be proved to not be changed property can this be undone?
Prev Next
Please login to post a reply (click Member Login on the menu).
Author Messages
GaryW12


Posts:0


10/08/2018 5:06 AM  
I have what i feel is proof that our 1991 deed restriction changes were not done legally? Since that was a long time ago if this is indeed proof of unproperness.

1. does this mean we are under the old rules?
or
2. is it too late for some reason.

I was digging around with old newsletters from this sorry community that never seems to do anything right.

I noticed that since we have 281 lots, and to make DEED RESTRICTIONS CHANGES, you have to have sent a ballot out to every lot owner regardless if there is a house on it or not.

I found the newsletter that admitted only 175 were "represented" in the vote.


The 1978 deed restrictions say that to make a change within 30 years you must have a 90% voter approval. after 2004 you must have 75% or more.

26, These covenants and restrictions are to run with the land and
shall be binding upon the undersigned find upon all the parties and
all persons claiming under them until December 31, 2003, at which
time said covenants and restrictions shall automatically be
extended for successive periods of ten ⎖) years., unless comments-
ing with the year 1993 by a vote of ninety <90%) percent of the
then owners of all of the lots or tracts, or commencing with the
year 2003 by a vote of seventy-five percent of the then owners
of all of the lots or tracts, it is agreed to change said covenants
in whole or in part.


Well to me a 1991 vote would require NINTEY PERCENT OR MORE.

Well teh newsletter from OCT 1991 reads



Dear Uneducated Property Owners
This letter is to thank you -For the time and effort spent
in the return of the Amended Deed Restriction Ballot. We of the
Deed Restriction Committee can report a very -favorable result.
The ballots were counted on October 12, 1991, There are 281 lots
in $h!T4 Brains Community and 175 were represented in the votes The vote was
169 in -favor and 6 opposed. A majority of the lots were needed to
change the Deed Restrictions which is 141. We had Just over 60%
in favor. If it was a political victory with 60% , you would hear "landslide".


Well , neither 60% is higher than 90% or 75% had it been PAST 2004.......so this community
hands down is the WORST community in the history of the universe for having so many people that cannot read 2nd grader English. They took the VERY deed restrictions that stipulate what
was needed to make a change, and just pulled stuff out of thin air.


I just wanted o ask since this is clear that the vote was not 90% in favor....that it should be
deemed unfounded and that we SHOULD be under our 1978 rules which prohibit nasty filthy chickens.


I'm under the idea that they mailed out ballots to homeowners only, and NOT tract owners.
That is what they have been doing up til THIS election next weeek.

So since they have been doing there horrible business as usual, and I cant find one vacant lot owner that knew anything about a 1991 "deed restriction change"

seems to me that it would be a good arugemnt that we are not under the 1991 sissified and worse written rules.
MarkM31
(Washington)

Posts:394


10/08/2018 11:50 AM  
Overturning something that happened in 1993 will be fun.
JenniferG12
(Texas)

Posts:103


10/08/2018 9:06 PM  
I don't think you can, no, and if you could the board already stated they will grandfather in people with chickens. And they'd have to if there was a sudden change. The chicken owners had no idea this was the case (if it was really the case).

You only have 40 people on your side, according to another thread. You need a lot more and there will still be the grandfathering.

PS why was there even talk about grandfathering if all this time y'all have been going off the deed restrictions that allow chickens?

Your posts don't make much sense.
GenoS
(Florida)

Posts:2525


10/09/2018 1:09 PM  
Posted By MarkM31 on 10/08/2018 11:50 AM
Overturning something that happened in 1993 will be fun.

Extra crispy with Florida's 4-year statute of limitations amendment challenges.
JenniferG12
(Texas)

Posts:103


10/09/2018 1:41 PM  
Posted By GenoS on 10/09/2018 1:09 PM
Posted By MarkM31 on 10/08/2018 11:50 AM
Overturning something that happened in 1993 will be fun.

Extra crispy with Florida's 4-year statute of limitations amendment challenges.





The chickens have won!
JohnC46
(South Carolina)

Posts:7871


10/09/2018 7:50 PM  
Which came first? The chicken or the egg?

Gary, you lost so get some fresh eggs over it.
GeorgeS21
(Florida)

Posts:811


10/09/2018 8:00 PM  
I am getting ‘fused.

What the heck is all this about?

Gary ... dude, you sound a little whacked out .... are you OK?

The purpose of this site is to be positive ...offer advice on solving problems ... being positive ...

What is your desired end state?
JohnC46
(South Carolina)

Posts:7871


10/09/2018 8:04 PM  
Posted By GeorgeS21 on 10/09/2018 8:00 PM
I am getting ‘fused.

What the heck is all this about?

Gary ... dude, you sound a little whacked out .... are you OK?

The purpose of this site is to be positive ...offer advice on solving problems ... being positive ...

What is your desired end state?




His main issue is the chickens. He does not want them.
GeorgeS21
(Florida)

Posts:811


10/10/2018 2:43 PM  
Well, I certainly agree with him in that regard.

However, if he is working towards a chicken-free future, he needs to tighten up his logic and apply a lot more work and likely money to the issue.
KerryL1
(California)

Posts:5957


10/10/2018 5:48 PM  
IMO, it's best not to feed Gary.
JohnC46
(South Carolina)

Posts:7871


10/11/2018 7:41 AM  
Posted By KerryL1 on 10/10/2018 5:48 PM
IMO, it's best not to feed Gary.




I agree.
Please login to post a reply (click Member Login on the menu).
Forums > Homeowner Association > HOA Discussions > If 20 year old deed restriciton changes can be proved to not be changed property can this be undone?



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