pud owner merging to residences, one apn#

Started by ShirleyC • 5 replies • 1418 views

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ShirleyC (California)
Posts: 117

Posted:

I live in a planned unit development with 14 units and common area. The bylaws state very specifcally that the integrity of the complex must be upheld as well as the complex being uniform structurally and also from arial view.

We have an owner who modified two residences without building permits. The county then told them either tear down the alterations or merge the property. He is now in the process of merging the property. He will have one parcel number.

Our board supposedly approved the alterations from a sketch, not using proper procedures.

We need something concrete from our By-Laws and CC&R's to start a lawsuit to stop this owner.

So far the only thing we think we can use is the integrity and uniform statements.

Any ideas??

Thanks lots.
Shirley

GloriaM (North Carolina)
Posts: 829

Posted:

Shirley:

What is your reason for wanting to stop the Owner from merging his 2 units to one?

ShirleyC (California)
Posts: 117

Posted:

Several, actually.

He has changed the outside structure which is against the CC&R's. Bldgs are to retain integrity and be uniform throughout the complex.

What happens to the dues? Does he now pay for 1 lot or does he still have to pay for 2. Do we have to change the cc&r's to accomodate him? Does he get 1 vote or 2?

What if all the owners were allowed to change the structure etc??

shirley

RogerB (Colorado)
Posts: 5,067

Posted:

"He has changed the outside structure which is against the CC&R's. Bldgs are to retain integrity and be uniform throughout the complex."
Didn't you state "Our board supposedly approved the alterations from a sketch, not using proper procedures." Either it was approved or it wasn't.

"What happens to the dues? Does he now pay for 1 lot or does he still have to pay for 2."
That depends on how a lot (unit) is defined in the CC&Rs.

"Do we have to change the cc&r's to accomodate him?"
No.

"Does he get 1 vote or 2?"
If he pays for 2 your CC&Rs would probably provides for 2 votes.

"What if all the owners were allowed to change the structure etc??"
If your CC&Rs allowed this change then the Architectural Committee is allowed to approve other requests. Thus this would be allowed and would be no problem if the ACC acts appropriately.

JC3
Posts: 290

Posted:

How about giving him a variance?

ShirleyC (California)
Posts: 117

Posted:

Give him a variance for what? I don't understand.

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