MaryS34 (Washington)
Posts: 8
Posts: 8
Posted:
I live on a street that shares a retention pond. Part of the CCR's stated that after 5 lots were sold that the HOA would be formed or owner would do enforcement of the CCR's and maintain the pond. That how it been for five years with no cost to owners. After five lots sold it was not turned over to the owners.
The street has six owners living on it. There two more that don't live on the street or effect our values. The lots are 5 acres. We have pretty strick CCR's.
All owners agree to them. When some owner were violating them to such a degree that values were being lowered. I suggested we form the HOA so we have an ACC made of owners on the street.
I did not want to be on the board but did want my builder husband of 35 years to be on the ACC. He was with 2 others.
None of my neighbor have built a house, lived in a high end home, lived with CCR's or HOA.
What has happen is after we voted in all the position than we voted on bylaws. That took 8 months to agree and we now have learned this current board want to lower the standards of the CCR's.
They all have conflict of interest.
In fact all 3 board members are are out of compliance. There a clear conflict of interest for them to set fines and fees. However because we are so small. We can't vote them out. The attorney we hired gave us a set of bylaws drafted for a large 155 home subdivision. I voted them in knowing they were over kill but trusting who was on the board. Well lesson learned.
I learned a lot about my neighbors character and it all bad.
They board realized that if they made one person get into compliance they all had to.
The homes were built and lived in almost 2-5 years before we formed the HOA. We never were given these bylaws before closing and the attorney who was supposed to represent the owners now represent the HOA. The HOA now with all the power because of these bylaw isn't going to set fines and fees sand do enforcement. The only reason we formed the HOA. They become drunk on power wasted money and started to be abusive to us and other member.
They are laiming there is no violation because the HOA board member don't want to get into compliances.
I have been put through hell for three years by this half form HOA> They have done nothing but spend money amending the CCR' to what they want. Not what we agree to at closing. In the CCR's it state that all documents will be provided before closing. Now there changing them.
Each time there wish list fails to get voted in and we start to send out notices to those board member out of compliances they call for another vote to amend. Now they called to amend out all restriction.
Isn't this a violation of ultra virus. Isn't the duty of a board to uphold the governing documents.
Under amending of the CCR's it state that you can amend with a 2/3 majority. However it also state the CCR's are binding for 35 years and after 30 years if a instrument is signed with 2/3 majority they can be extended or remove.
I have never heard of amending out CCR's and certainly when they are a restriction on your land for 35 years the intent of the CCR's were to be binding. It also state if contrary to anything that the more restrictor applies.
To date. I had to hire a lawyers read this stuff and send a letter.. Cost to me 1400.
I now had to file for a injunction to block this vote. 2500 8000.
Where are my rights as a owner who built a 4000 sq ft home and invest big bucks. Can you amend out all the CCR's with a 2/3 vote? I heard of lateral changes but never more restrictive or removing protection that will harm values.
They want to put rights to lien for a pond that needs to have trees that grow up keep trimmed and dredged maybe every 10 years. So minor cost. However they want the right to lien our home and foreclose and they also wanted to be able to buy it.
I know the minute these CCR's are removed. My well will in danger since the Board President has turned his 5 ac residential use lot into a farm. He wants cow. My well on his land. The other board member rents his house out as a vacation rental. Its not allowed. The other board member has chicken that too is not allowed. The ACC member is not landscaped after 5 years after he built. His home is 5000 sq ft. He just doesn't want to spend the money.
Their attorney fees are being paid by the other members and I am paying for their and mine. Its a true real estate nightmare.
Can amending of CCR's remove protection with 2/3 vote or is would that take 100%. Is a HOA board who is trying to gain control over their neighbors land in violation of ultra virus?
I ask them question they ignore me. I asked to see the proxy ballots for the bylaw vote and they stall for 4 month now their at a lawyers office in his vault and in another town a hour away.
They circulated a document to amend out the CCR's withheld it from two owners who opposed them and put it out as thought it was drafted by a lawyer with his name on it. They drafted it and practice law and just put his name on it. They have still not provided the Sept 3o meeting where they entered this petition into the minutes. Than they shredded it when I asked for a copy. The only one who signed it were all the board and what left the ACC board. Now no minutes.
Their action are destroying the subdivision reputation and no one on the street talks to each other. Owner now all want to sell. So some 70 year old man can have a farm who was voted in and not can't be voted out. Out of 8 owner only three voted. HE voted himself in and the other board member voted herself in and the one ACC member who refuse to landscape. There not enough other involvement to make them stop.
The street has six owners living on it. There two more that don't live on the street or effect our values. The lots are 5 acres. We have pretty strick CCR's.
All owners agree to them. When some owner were violating them to such a degree that values were being lowered. I suggested we form the HOA so we have an ACC made of owners on the street.
I did not want to be on the board but did want my builder husband of 35 years to be on the ACC. He was with 2 others.
None of my neighbor have built a house, lived in a high end home, lived with CCR's or HOA.
What has happen is after we voted in all the position than we voted on bylaws. That took 8 months to agree and we now have learned this current board want to lower the standards of the CCR's.
They all have conflict of interest.
In fact all 3 board members are are out of compliance. There a clear conflict of interest for them to set fines and fees. However because we are so small. We can't vote them out. The attorney we hired gave us a set of bylaws drafted for a large 155 home subdivision. I voted them in knowing they were over kill but trusting who was on the board. Well lesson learned.
I learned a lot about my neighbors character and it all bad.
They board realized that if they made one person get into compliance they all had to.
The homes were built and lived in almost 2-5 years before we formed the HOA. We never were given these bylaws before closing and the attorney who was supposed to represent the owners now represent the HOA. The HOA now with all the power because of these bylaw isn't going to set fines and fees sand do enforcement. The only reason we formed the HOA. They become drunk on power wasted money and started to be abusive to us and other member.
They are laiming there is no violation because the HOA board member don't want to get into compliances.
I have been put through hell for three years by this half form HOA> They have done nothing but spend money amending the CCR' to what they want. Not what we agree to at closing. In the CCR's it state that all documents will be provided before closing. Now there changing them.
Each time there wish list fails to get voted in and we start to send out notices to those board member out of compliances they call for another vote to amend. Now they called to amend out all restriction.
Isn't this a violation of ultra virus. Isn't the duty of a board to uphold the governing documents.
Under amending of the CCR's it state that you can amend with a 2/3 majority. However it also state the CCR's are binding for 35 years and after 30 years if a instrument is signed with 2/3 majority they can be extended or remove.
I have never heard of amending out CCR's and certainly when they are a restriction on your land for 35 years the intent of the CCR's were to be binding. It also state if contrary to anything that the more restrictor applies.
To date. I had to hire a lawyers read this stuff and send a letter.. Cost to me 1400.
I now had to file for a injunction to block this vote. 2500 8000.
Where are my rights as a owner who built a 4000 sq ft home and invest big bucks. Can you amend out all the CCR's with a 2/3 vote? I heard of lateral changes but never more restrictive or removing protection that will harm values.
They want to put rights to lien for a pond that needs to have trees that grow up keep trimmed and dredged maybe every 10 years. So minor cost. However they want the right to lien our home and foreclose and they also wanted to be able to buy it.
I know the minute these CCR's are removed. My well will in danger since the Board President has turned his 5 ac residential use lot into a farm. He wants cow. My well on his land. The other board member rents his house out as a vacation rental. Its not allowed. The other board member has chicken that too is not allowed. The ACC member is not landscaped after 5 years after he built. His home is 5000 sq ft. He just doesn't want to spend the money.
Their attorney fees are being paid by the other members and I am paying for their and mine. Its a true real estate nightmare.
Can amending of CCR's remove protection with 2/3 vote or is would that take 100%. Is a HOA board who is trying to gain control over their neighbors land in violation of ultra virus?
I ask them question they ignore me. I asked to see the proxy ballots for the bylaw vote and they stall for 4 month now their at a lawyers office in his vault and in another town a hour away.
They circulated a document to amend out the CCR's withheld it from two owners who opposed them and put it out as thought it was drafted by a lawyer with his name on it. They drafted it and practice law and just put his name on it. They have still not provided the Sept 3o meeting where they entered this petition into the minutes. Than they shredded it when I asked for a copy. The only one who signed it were all the board and what left the ACC board. Now no minutes.
Their action are destroying the subdivision reputation and no one on the street talks to each other. Owner now all want to sell. So some 70 year old man can have a farm who was voted in and not can't be voted out. Out of 8 owner only three voted. HE voted himself in and the other board member voted herself in and the one ACC member who refuse to landscape. There not enough other involvement to make them stop.