new to HOA and CC&R

I recently moved into a not fully one street subdivision. We were told by our Realtor that there was no HOA fees yet because there was no common areas and no one is enforcing the rules. We specifically asked about a privacy fence, our realtor said she would check. She checked with what was at the courthouse and said yes all fences have to be wood. we purchased the house and have been here over a year. We got the CC&R a week after we moved in, read it and our fault not 100% READ it. it mentioned an outbuilding and it needed to be constructed of wood and so many feet away from the side and back property lines. a few weeks ago we got a permit and started to construct a REALLY nice outbuilding, would be on completion having a shingle roof, little front porch, all the guidelines as listed in our CC&R. we as soon as the walls were up we got a letter with an amendment on the CC&R saying no outbuildings or outside storage of any kind. Well there is an old part at the top of the street and the new part, we are part of the new part. The new part has owners with sheds and a few other violations on the new amendment. I called the president of the LLC who enforces the rules, well really they only enforce what the owners tell them is being done wrong. They don't patrol the street and any owner can enforce the rules. There is that one guy who patrols, he met us before we even got the straps off our trailer to unload our first load when moving in. The guy is a $%*# but i ignore him, he sent me the letter. I called the president and he told me tonight that he would love to let us build a shed but he can't do that because its in our deed and well he just can't change the deed. he also said i know you have seen outbuildings and shed all up and down the street but there are actually 3 phases and our phase just doesn't allow it per our deed.

How can you have one street and different rules for 3 sections?
I have researched and read that he can amend the deed.
also there have never been an HOA meeting. we don't pay any fees, there is nothing in the CC&R saying anything about a certain amount of members signing a document or voting to amend any rules but it does say the decelarant can amend rules from time to time.
How can I get it amended without all the homeowners agreeing and if there are 3 separate phasis each with its own rules do i only need all owners in my phase to agree?

the developer IS the majority owner until 'turnover'

the law is on HIS side

until 'turnover' HE is in charge

? you need to decide: is the 'outbuilding' worth a costly legal battle ?

CAVEAT EMPTOR

welcome to a 'true democracy' as opposed to a republic with inalienable rights

~ you own it, but the majority (or the developer) controls it ~

a/k/a facism

Yes we did not fully read them. It the ccr it states that when 75% of it is built his votes would not count and just the homeowners. 75% is built. My father in law is going to the courthouse again and making sure we have all the amendments on our deed. The ccr states that if 90% of all owners agree we can vote ccr out. Since there is three phases and all have different rules, do I need 90% of my phases votes? That is not clear in the ccr. I don't know if the old man thinks the ccr can not be amended because it's attached to the deed or if our deed actually states specifically no outbuildings. We shall see after my father in law goes to the courthouse. Also the majority of owners are so silent about it and don't want control because they don't want to deal with it. I do think it looks bad when you drive down the road and garage doors are open and you see all the junk piled on peoples garages because they don't have any outbuilding.

we have no common areas, signs or anything like that. the only thing we all share is the sewer system.

Nope. So there is nothing common at all.

Nope

My issue is the president/declarant won't let is build a shed. He said its in our deed we can't have one. Its in our ccr but not the actual deed. He said he would love to approve it but he can't change the deed. There are 16 other houses that have them but he says there are three phases each having different rules.

Yes but can't he amend it

so he can't amend the CC&R at all? because there is already amendments on there that he did while he owned it. filed at the courthouse is amendments to the original CC&R.

McK

The less handsome John from SC is correct.....SOL...

Bottom line is in every set of Covenants I have ever seen (lived under 5 so far), the Declarant could change them how and when he wishes to change them.

There have been many court battles over Declarant covenant changes with usually the Declarant winning. Not that they win in all cases but most often they do.

I saw one elected HOA BOD replaced due to sheds. The Covenants basically said out building were allowed upon ARB Approval. In 10 years, the ARB never approved one request. When the denial was appealed to the BOD, the BOD upheld every ARB denial.

A few homeowners got together and hired an attorney to write a letter to the BOD that basically said as they had never approved one shed request they were violating their own covenants which allowed such structures. The BOD attorney told the BOD he agreed with the letter and they could well be liable. Several on the BOD wanted to ignore the issue, several wanted to get out ahead on the issue. It became the center point of a nasty election. In the next BOD election several pro get ahead of the situation type were elected or relected to the BOD. Not a majority but enough to elect a different President of the BOD. During the year it got nastier. More threatened legal action. In the next yearly election more of the get ahead of the situation types were elected.

Within 1 month there was a new ARB and shortly there after guidelines on shed construction were approved. The guidelines were very strict. Placement, size, match the house material and style, etc. were all laid out. Soon after the ARB started to approve shed construction.

Back to your issue. You are pretty well at the Declarant's mercy.

? how do you know when a developer is lying ?

! when you see his lips moving !