parcel of land not complying with Deeds

Started by LindaC3 • 3 replies • 1608 views

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LindaC3 (Florida)
Posts: 526

Posted:

As you can tell this is my third post of the day as we had a very busy BOD Meeting on Sunday ... Our management is trying to tell the members that a parcel of land (13 acres) that was purchased 8 years after the oringinal incorporation of the association is not required to follow the Deed restrictions.... We currently have a delapitated mobile home on the property ( no mobile homes are permitted in our HOA ) that a Deputy Sheriff use to live in rent free in exchange for partrolling the roads and doing traffic control (in violation of state statutes)...The Deputy was fired by the Sherriffs Dept for having sex on duty with a known drunk/street girl..We of course also told hin to hit the road..The management made a presentation yesterday to replace the mobile home with a double wide and we all went nuts stating that if we cant have rvs and mobile homes on our property then how can we have one on our common land and thats when we were told this "bogus" story of it not being part of the HOA....A majority of us say BS.......I verified with the property appraiser to day that the legal of the land shows that it is part of the PUD of our subdivision.....So any idea of how something that would violate the Deed Restrictions on a residential lot is allowed to exist on common land ???? Comments and help Thanks as always LindaC

JM2 (Oregon)
Posts: 439

Posted:

Hi Linda:

I'm trying to clearly understand the issue here, please be patient with the questions:

Was this parcel of land annexed into the HOA, or simply purchased by the HOA?

Reason for questions: If the parcel was not annexed, then it would not be subject to the CC&R's - therefore, it would be possible for the Board to do just about anything, as long as the deed restrictions on that piece of land are followed.

Some documents allow the developer to purchase and/or annex adjacent property to the original HOA. Typically, that's done when the developer is starting out with a small section of the property owned, and plans on developing the whole of the property in phases.

Check your CC&R's to see if any type of annexation is allowed - whether by the developer or the HOA, both, or neither. If they are silent on the issue, then any state law may apply, or annexation would not normally be allowed in that case.

J. Patrick Moore, CMCA

LindaC3 (Florida)
Posts: 526

Posted:

Lets see if I can answer the questions for you ....There were parcels of land that needed to be purchased in order for the developer to turn total control over to the association..The land in question was always part of the PUD but owned by the oringinal developer--- The HOA borrowed money -purchased the land- then the developer was gone- Nothing in Deed or by laws about annexation of land...

The problem we all seem to be having is why of on residential lots we are PROHIBITED from having a trailer to live in -- is it allright for the BOD to approve placing a trailer on common land for a deputy sherriff to reside in--- We all feel it sets a bad precedence to allow this to happen... I went to our local zoning pffice this morning and was told because our land is zoned agricultural we can have a trailer on the property but if they ( zoning) had the legal right to prohibit it they would... The other down side to this trailer is when we have hurricanes in Florida it is MANDATORY that they evacuate the trailer-- So what good is having a deputy here if he has to leave in the vent of a storm......If you have more questions just let me know and thanks bunches for your input---PS We are considering getting a petition circulating asking the BOD to reject this trailer on common land..........LindaC

JM2 (Oregon)
Posts: 439

Posted:

Hi Linda:

Ok, next question: Is having security/deputy in the community required by the CC&R's or is this just something nice to have as a perk for the deputy? Or - is there another way the Board could accomplish what they are trying to do, security/patrol wise?

Ultimately, the Board is weighing costs vs. benefits:
A) By providing (cost) a residence for a deputy, the HOA gets free security/patrol service.
OR
B) The board doesn't provide a residence, and has to either hire an off-duty deputy or arrange for a patrol service.

The residence is a cost, since mobile homes depreciate (your current one is dilapidated and needs replacement) and wear out.

The Board has to assess its fiduciary duty to the community/owners:
1) Keeping assessments down by minimizing cost
2) Keeping property values up by not having a mobile home and enforcing the covenants.
3) Maintaining proper insurance regarding both the mobile home (preservation of asset) and with regard to the deputy's actions and conduct (liability of community).
4) Sell the property and let it get developed.

I can understand why the Board would look at the replacement mobile home if it's going to save them a fair chunk of money over time; however, it would make the most sense (if they choose to get a replacement mobile home) to screen it from view from the other homes. Part of their decision making process should include the costs involved in purchase, maintenance and insurance (and who pays the utilities?) on the mobile home, vs. selling the property, having additional income (the lot, since it's owned by the Association, doesn't generate assessments) as well as a chunck of money that could generate some interest and serve as a cushion for insurance deductibles, higher-than-anticipated costs, etc. - or even using the property to put in some kind of amenity for the community.

There are a lot of options here; it would be wise for the board to think outside the box they've been in.

J. Patrick Moore, CMCA

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