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TimB4 (Tennessee)
Posts: 21,059
Posted:
We have all read, or read about, Associations and documents that create more problems then are addressed. Well I just learned of one that is different (at least for me) and thought I would share.

A builder built a development that has 5 phases. When starting phase 1, the builder properly records the governing documents. When starting phase 2,3 & 4, he records those same documents (doesn't reference the initial document, just rerecords it for each phase). In phase 5, the builder did the same thing but in this document, he changed a covenant (minor change about paint colors).

When this change was found out, the Association (which had been turned over to the members) sought a legal opinion to determine if that change affected everyone. What the attorney found out was, because the developer didn't reference the initial set of documents, each phase has it's own set of CC&Rs. Therefore, in order to make an amendment to the CC&Rs you need to vote for and amend 5 different sets of CC&Rs. It's possible that your phase may adopt the change and the other phases won't.

Not so different you may say. Well, when I've seen something like this in the past, I've always seen each phase be a sub-association to a master association. However, because of the way the builder did this, it's not set up that way. It's one Association with 5 sets of CC&Rs.

Just thought I would share.

LarryB13 (Arizona)
Posts: 4,099
Posted:
Tim,

There was an appellate court case in AZ a few years ago where the development had at least 18 phases built over many years. Each phase had its own CC&R's that were not identical to the previous phases and there was no master declaration.

Developers are idiots.
TimB4 (Tennessee)
Posts: 21,059
Posted:
Quote:
Posted By LarryB13 on 10/30/2014 9:08 PM

Developers are idiots.

LOL I think can agree on that.

JamesO6 (Florida)
Posts: 170
Posted:
Most developers places the worst deed restrictions on the section that people drive into the community, like No fencing of any kind, limited number of pets everyone looks alike and forms the HOA with they demand strict enforcement of the bylaws and restrictions.

those sections are the developers show lots and can only be changed or lowered when they turn over the entire HOA to the HOA board members.

there's even a community with 9 sections and 7 types of HOA's but only 2 were activated and 2 sections have to pay everything for the other 7 sections and can't just walk away from it now. their legally bound. sure they can disband the HOA's but unless they get the city or state to pick up the tab to pay the HOA's (9)sections property tax's and assume liability for anyone getting injured on their common area's.

were in constant battle with a HOA in our community every time they change property management company's. we learned to just start making it cost them stupid money every time they try saying were in their HOA just because were in their community.

BobD4 (up north)
Posts: 1,002
Posted:
And if any of us were (or are) developing, how eager would we likely be to put amenities under full control of our customers before we had sold the project out ? If a jurisdiction tolerates condo declarants retaining and leasing back building systems, superintendent sites, parking spaces - as it does here - to naive buyers, would we do the same ? How easy is it be pursue mere corporate shells ?

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