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Subject: WA State CC&R's w/100% voting requirement & no HOA
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Author Messages
HeidiL
(Washington)

Posts:4


12/21/2018 7:38 PM  
I'll keep this short - our 16 parcel development has no dues, no board, no HOA, there are apprx. 5 improved parcels and the balance are vacant land. Our CC&R's say any amendment to the 2003 document shall require a 100% vote for any changes. The document expires in 2033 (not that far off) and if this document is correct/legal, one person can vote to not continue the current CC&R's and that's it, no options to continue. There are some other issues in the document we'd like to resolve but getting 100% is unrealistic IMO - some owners live out of state and no one knows them, the only contact info. we have is through county records for the mailing address. (Ex. one is in AZ and one is in TN) We could call a meeting but if one person is not contacted or ignores our letters, the vote will never be 100%. As a real estate appraiser, this seems like a huge marketing nightmare should we try to sell our home in the future - I know if we'd paid more attention we would have never purchased property in this development due to the stringent rules.

Thank you
TimB4
(Virginia)

Posts:16091


12/22/2018 6:45 AM  
Heidi,

Welcome to the forum.

Is the builder still involved or have all the lots sold (including the vacant ones)?
HeidiL
(Washington)

Posts:4


12/22/2018 11:38 AM  
There was no builder - the original owner has passed away - no known family members are involved anymore - at the time of his 2003 document there were just 2 owners - him and his grandson. The CCR's were filed in 2003 - first homes built in 2005 - only 5 improved at this time.
HeidiL
(Washington)

Posts:4


12/22/2018 11:38 AM  
Sorry and lastly - all 16 lots are owned by different people - no one owns multiple lots.
DouglasK1
(Florida)

Posts:1307


12/22/2018 12:46 PM  
I assume there are restrictions in the CCRs that you are hoping to keep, correct? Without an association, I would imagine that the only way to enforce any restrictions would be by suing so it's very likely that most violations would go unimpeded anyway.

Escaped former treasurer and director of a self managed association.
HeidiL
(Washington)

Posts:4


12/22/2018 5:41 PM  
It's kind of a long story - when we purchased our property (10 acres) we were told it had light CC&R's - and that manuf. homes up to 5 years old were allowed. The document was sent to us in email/pdf format- we did not notice that there had been a new recorded CC&R as of 2003 (we only saw the 2000 as it was the first part of the email attachment) and once we saw that manuf. were allowed up to 5 years old we ordered us up a brand new one and got to work doing the utilities for the site (permits, septic, power, etc) all this time no one in the development stopped to talk to us - he met one neighbor that borders our property. The manuf. was being delivered and the driver was stopped by another neighbor and told NO MANUF. HOMES ALLOWED and then 3 days later we received a letter from the same neighbor with the 2003 document that indeed said there had been a change and no manuf. homes were allowed. We are currently trying to come up with a solution (find another parcel for the home) and as I'm a real estate appraiser, I tried to talk to the neighbor and ask that perhaps the development could vote and see if we could change it to allow at least brand new ones. They were concerned the manuf. will bring their property values down and as an appraiser I can tell you if they sell and an appraiser pulls comps that appraiser will never use a manuf. to compare to their stick built homes. Our home is a good quality Hardi sided, 30 year arch. shingle, 12" eaves, big dormers, etc. But I digress.............. in the rereading of the newest document we see that a vote would require 100% for any changes which IMO reduces the property marketability more than being next door to a manuf. home. In fact we would have NEVER purchased this parcel at all if we'd paid closer attention. The same neighbor decided to inform the "home owners" in the development and got signatures from 2 others stating they do not want the home in there either. He was going to call a meeting but when another neighbor said we should attend, then he cancelled it. He didn't want us there. This document expires in 2033 and to keep CC&R's at all, they will require 100% vote - I can tell you we will NOT be voting to keep them. It seems impossible to me that you could even set up 100% as it's nearly impossible with all the vacant parcels in there that every land owner could be contacted. Side note: the document does refer to land owners, not home owners, so the neighbor seems to be in violation of not calling a meeting that everyone could attend. Our current plan is to find another parcel for the home and then build a cheap stick built that will most certainly bring down their overall development values (they have homes in the $350K to $450K range) - T1-11 siding (allowed) 15 year comp. roof (allowed) 1400 sf (allowed) and sell it. We'll make sure that if we cannot change the voting to a majority vs 100% that the remaining land owners all understand that the document expires in less than 15 years. After that time single wides built in 1977 can come in and there will be no rules to stop them.
GeorgeS21
(Florida)

Posts:853


12/22/2018 7:21 PM  
That’s some paragraph, Heidi.
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Forums > Homeowner Association > HOA Discussions > WA State CC&R's w/100% voting requirement & no HOA



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