100 acre Lot

Started by SteveS • 3 replies • 2296 views

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SteveS (Washington)
Posts: 1

Posted:

Our subdivision consists of 34 single family homes on one acre lots and one lot of 100 plus agricultural acres. Imagine our surprise when we found the farm is subject to our CC&R's! A developer is interested in the farm, but the CC&R's permit only one home per lot.

Has anyone had any experience enforcing such a clause?

DorothyH (Florida)
Posts: 23

Posted:

How is this 100 acre described in the association's declarations of restrictions?
Is the legal description included with the rest of the 1 acre lots?
Also what is the zoning of your Association; residential or agriculture?
You have a very unique situation if he is allowed to subdivide this lot.
These are very important questions to be answered by your Board or attorney.
You can check the Articles, Declarations, and Bylaws to see if the 100 acre is really
a part of the Association.
Your Association attorney should clarify this for you. Dorothy

RogerB (Colorado)
Posts: 5,067

Posted:

Wow! That's a new one for me Steve. Did you determined the 100+ acres is part of your association from the association lot plat? That document is actually higher order than the Declaration but usually is not referred to. If the plat defined the large tract as one lot then I am not sure if it can be changed without going to court. Certainly a developer would not have any basis under which they could subdivide without approval of the members of the association. Perhaps your Declaration defines whether the plat can be modified.

Roger

LisaS (Illinois)
Posts: 341

Posted:

I would assume you would need to call a meeting of the association to determine whether the members even want to consider allowing the developer to create 100 (potentially) more lots in your subdivision. If the developer owns the lot currently, they of course get their one vote!

If members agree, perhaps an agreement can be created as to the affects of the project, potential inconvenience, etc. Worst case scenario, attorneys get involved (if members vote no and developer moves to go forward)

All of this, of course would be subject to your municipality approving the project as well.

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