Plat Covenants

KathyB13 (Indiana)
Posts: 18

Posted:

Well here I am again! It's Kathy. I have a situation where the new Board President has allowed a Committee to form in order to allow Mini Barns in our Community. Our Plat Covenants state no Mini Barns or detached Storage Sheds will be allowed, and that the Covenants run with the land for 25 years (2023). They are saying they will just add it to the Declaration with the correct number of votes because the Declaration supersedes the Plat Covenants. I am in total disagreement and believe that RUNS WITH THE LAND means it, and that we need an HOA Attorney to decipher any kind of amendments. Now I need to convince 6 other people that I am right.. Would the City Attorney be able to help with this? Any suggestions?

AugustinD
Posts: 5,144

Posted:

I tend to think you have this mostly or entirely right. Here are the questions for which I would seek answers:

On what dates were (a) the Plat Covenants and (b) the Declaration recorded with the County?

Do the Plat Covenants give a procedure for amending?

What if anything does the Declaration say about the Plat Covenants?

What seems common is that, to amend Plat Covenants, 100% of the lot owners must agree to the amendment. This would be at least until the expiration date (2023 in this case) for the 'run with the land' clause, if there is an expiration date.

I do not think this is in the purview of the city attorney or county attorney. A real estate attorney would be the best choice.

TimB4 (Tennessee)
Posts: 21,059

Posted:

I would contact the zoning commission and see what they say.

LarryB13 (Arizona)
Posts: 4,099

Posted:

Kathy,

What is a "Plat Covenant" and how does it differ from a Declaration of Covenants, Conditions, and Restrictions? Sorry, but I have never heard that term before.

DavidB43 (Indiana)
Posts: 16

Posted:

The plat covenants are the instrument that dictates our rules like no above ground pools,no mini barns, drainage swales, utility easements etc. The plat covenants are tied to the land and pass from owner to owner without change. They run with the land. The Declaration can be amended and are not tied to the land. The PM misled the Board.

TimB4 (Tennessee)
Posts: 21,059

Posted:

The Plat covenants can typically also be amended.

It may simply be a matter of amending the correct document.

DavidB43 (Indiana)
Posts: 16

Posted:

They cant be amended when they run with the land for 25 years. After the 25 years we can throw them out or amend them. The Attorney stopped another Board one other time as well. Nothing has changed from then until now.

TimB4 (Tennessee)
Posts: 21,059

Posted:

It will depend on the language used.

LarryB13 (Arizona)
Posts: 4,099

Posted:

Quote:

Posted By DavidB43 on 05/31/2016 4:29 PM
The Attorney stopped another Board one other time as well.

An attorney has no power to stop anyone from doing something. All the attorney can do is advise. Whenever I encounter a wimpy lawyer who advises me against doing what needs to be done I ignore him. I have not been arrested yet.

DavidB43 (Indiana)
Posts: 16

Posted:

We want to do what is right. We welcome legal advise and I have no interest in a lawsuit. What good is an Association if you trample all over your documents?

TimB4 (Tennessee)
Posts: 21,059

Posted:

David,

I've copied language from PLAT Covenants of an Indiana Association:

The within covenants, limitations and restrictions are to run with the land and shall be binding on all parties claiming under them. These covenants shall be in full force and effect for a period of twenty-five years from recording date. At which time said covenants shall be automatically extended for successive periods of ten (10) years unless by vote of the majority of the then owners of the lots, it is agreed to change the covenants in whole or part. Invalidation of any of the covenants by judgment f court order shall in no way affect any of the other provisions, which shall remain in full force and effect.

The above language is similar to language I've seen in other CC&Rs that are bound to deeds and, in my laymans opinion, do not prevent amending them at anytime (providing that their is enough support to do so).

AugustinD
Posts: 5,144

Posted:

Tim, I saw this on the net, too. If this is all the Plat Covenants say about amending, then I read this as allowing amendments only after the initial 25-year period has expired.

TimB4 (Tennessee)
Posts: 21,059

Posted:

Two interpretations of the same language used is not uncommon.

KathyB13 (Indiana)
Posts: 18

Posted:

TERM: VERBATIM
"The within covenants, limitations and restrictions are to run with the land and shall be binding on all parties claiming under them. These covenants shall be in full force and effect for a period of 25 years from recording date. At which time said covenants shall automatically extend for successive periods of 10 years unless by vote of the majority of the THEN owners of the lots, it is agreed to change the covenants in whole or in part. Invalidation of any of the covenants by judgement of court order shall in no way affect any of the other provisions, which shall remain in full force and effect."

That sounds pretty simple to me, I don't know how you can amend when it states BINDING ON ALL PARTIES... Just toss it out and do whatever you want? That makes no sense to me in light of the language

LarryB13 (Arizona)
Posts: 4,099

Posted:

Quote:

Posted By TimB4 on 06/01/2016 2:47 AM
The above language is similar to language I've seen in other CC&Rs that are bound to deeds and, in my layman's opinion, do not prevent amending them at anytime (providing that their is enough support to do so).

It is common practice for CC&R's to have an explicit lifespan that automatically renews while elsewhere within the same document there is a clause that allows amending the CC&R's as the owners see fit, which includes eliminating the lifespan.

I found those same Indiana documents. The term "Plat Covenants" used here by the OP is not a precise description of the document. It left me with the belief that somehow property restrictions were drawn up on a surveyor's plat. The document that both Tim and I found was titled, "Plat, Covenants, Conditions and Restrictions." The word "plat" has me puzzled as that term usually describes a surveyor's graphical representation of a property. In many other places a similar document would be denominated as a "Declaration of Covenants, Conditions and Restrictions."

But I am curious to know just why the OP thinks they cannot amend their own documents and, more to the point, just what do they think will happen should they do so? Do they think the HOA SWAT team will descend upon them from the skies? Any challenge to the propriety of an amendment will have to be made by a person with standing to do so and deep enough pockets to finance a lawsuit in court.

AugustinD
Posts: 5,144

Posted:

Quote:

Posted By LarryB13 on 06/01/2016 12:50 PM

Posted By TimB4 on 06/01/2016 2:47 AM
The above language is similar to language I've seen in other CC&Rs that are bound to deeds and, in my layman's opinion, do not prevent amending them at anytime (providing that their is enough support to do so).

It is common practice for CC&R's to have an explicit lifespan that automatically renews while elsewhere within the same document there is a clause that allows amending the CC&R's as the owners see fit, which includes eliminating the lifespan.

I found those same Indiana documents. The term "Plat Covenants" used here by the OP is not a precise description of the document. It left me with the belief that somehow property restrictions were drawn up on a surveyor's plat. The document that both Tim and I found was titled, "Plat, Covenants, Conditions and Restrictions." The word "plat" has me puzzled as that term usually describes a surveyor's graphical representation of a property. In many other places a similar document would be denominated as a "Declaration of Covenants, Conditions and Restrictions."

But I am curious to know just why the OP thinks they cannot amend their own documents and, more to the point, just what do they think will happen should they do so? Do they think the HOA SWAT team will descend upon them from the skies? Any challenge to the propriety of an amendment will have to be made by a person with standing to do so and deep enough pockets to finance a lawsuit in court.

The OP has not stated whether what Tim found is a part of her HOA's governing documents. I thought Tim was just looking for examples. Here are some more:

2.
"the Plat Covenants, Article 35 — Duration of the Covenants, states
These Covenants are to run with the land, and shall be binding on all parties and all persons claiming under them. At any time, a Covenant may be changed in whole or in part upon i) an affirmative vote of eighty percent (80%) of the then owners of lots in the subdivision, and ii) with the consent of the Developer (with the exception of Covenant articles 1, 2, 3, 4, 5, 16a, 28, and 36 which may not be changed). If the Developer does not own one or more lots in the subdivision, the consent of the Developer shall not be required. Invalidation of any of the foregoing Covenants, provision, restrictions, or conditions by judgment or court order shall in no way affect any of the other provisions which shall remain in full force and effect." -- http://greyhawkwoods.com/node/6
"

3.
"At any time (with the exception of covenants 1 thru 4, which may not be changed), a Covenant may be changed in whole or in part upon i) an afﬁrmative vote of eighty percent (80%) of the then owners of the lots in the subdivision."
-- https://community.associawebsites.com/sites/BriarwoodTraceHOAInc/AtsDocumentsList/Covenants%20Section%202%20Amendment%201.pdf

If a HOA does not follow the covenants' own requirements for their amendment, then sure, a member can take this to court and get rid of the amendment. The reason a Board or membership cannot amend 'its own covenants' at will is because the covenants are an ongoing contract binding each and every member to each other. This is the meaning of "covenant" and dates at least to the Old Testament and Abraham's covenant with so-called God via circumcision. All who own real property in a community contracted to follow the covenants, including the amendment procedures for the covenants.

DavidB43 (Indiana)
Posts: 16

Posted:

There is nothing in our plat covenants that allow us to amend.The Covenants, which is a promise that is binding by contract, are binding as stated and enforceable in a court of law. If we amend, we put the Association at risk to be sued by any member of the Association. I don't want to be responsible for that and I dont want to govern our community in slap happy manner.
We can amend the Declaration with a 75% vote anytime. But not the plat covenants. We have to wait. In our particular community, its all we have to keep us in order and protect our property values. A plat covenant runs with the land from owner to owner. It is tied to the land, not the Association.

RichardP13 (California)
Posts: 3,868

Posted:

I did a google search for plat covenants in Indiana and below is what was the first result. If you read, there is NO provision to amend until it is set to automatically renew.

http://geistlanding.com/Files/PlatRestrictions.pdf

LarryB13 (Arizona)
Posts: 4,099

Posted:

Quote:

Posted By DavidB43 on 06/01/2016 8:20 PM
There is nothing in our plat covenants that allow us to amend.The Covenants, which is a promise that is binding by contract, are binding as stated and enforceable in a court of law. If we amend, we put the Association at risk to be sued by any member of the Association. I don't want to be responsible for that and I dont want to govern our community in slap happy manner.
We can amend the Declaration with a 75% vote anytime. But not the plat covenants. We have to wait. In our particular community, its all we have to keep us in order and protect our property values. A plat covenant runs with the land from owner to owner. It is tied to the land, not the Association.

David,

I am not understanding this at all. First you say you cannot amend what you call "Plat Covenants" but that you can amend "the Declaration." Can you please explain what the difference is between these two documents? In plain English? It would help immensely if you could post both documents.

I am not trying to be a wise guy. I have an IQ in the 130's, a college degree in Business Administration, a reading comprehension that literally goes off the chart, and I cannot make any sense out of what you write. You seem to have a unique set of documents and assume that we all understand what they are. I, for one, do not understand.

PitA
Posts: 1,416

Posted:

Quote:

Posted By RichardP13 on 06/01/2016 8:32 PM
I did a google search for plat covenants in Indiana and below is what was the first result. If you read, there is NO provision to amend until it is set to automatically renew.

http://geistlanding.com/Files/PlatRestrictions.pdf

ditto

DavidB43 (Indiana)
Posts: 16

Posted:

Larryb... we have 5 seperate documents, most HOAs do.1. Plat Covenants Conditions and Restriction, 2. Articles of Incorporation. 3. Declaration of Covenants, Conditions and Restrictions
4. By-Laws and 5., Reasonable Rules and Regulations. You can amend or add to the Declaration with a 75% vote of the community, but not if it goes against the Plat Covenants. By laws can also be amended, and in our case we dont need the community to do that, however I woukd like that changed. Anyway, I didnt create this mess, Im just trying to keep it correct. Lol. The document that regulates what we can or cannot do is the Plat CC&Rs.

MarkM31 (Washington)
Posts: 351

Posted:

Quote:

Posted By KathyB13 on 05/31/2016 10:44 AM
Would the City Attorney be able to help with this?

None

DavidB43 (Indiana)
Posts: 16

Posted:

Im not sure.

LarryB13 (Arizona)
Posts: 4,099

Posted:

Quote:

Posted By DavidB43 on 06/02/2016 3:48 PM
Larryb... we have 5 seperate documents, most HOAs do.1. Plat Covenants Conditions and Restriction, 2. Articles of Incorporation. 3. Declaration of Covenants, Conditions and Restrictions
4. By-Laws and 5., Reasonable Rules and Regulations. You can amend or add to the Declaration with a 75% vote of the community, but not if it goes against the Plat Covenants. By laws can also be amended, and in our case we dont need the community to do that, however I woukd like that changed. Anyway, I didnt create this mess, Im just trying to keep it correct. Lol. The document that regulates what we can or cannot do is the Plat CC&Rs.

Thank you ever so much for lecturing me on what documents most HOA's have. Around this part of the world no one has ever heard of "Plat Covenants Conditions and Restriction." We seem to be able to get along with just a "Declaration of Covenants, Conditions, and Restrictions." This Plat Covenant thing seems to be unique to Indiana as the few examples of documents denominated as such that I found all came from that state.

I have never in my life encountered a contract that the parties could not amend by mutual agreement. What makes your Plat Covenants different?

NpS (Pennsylvania)
Posts: 4,216

Posted:

Here's what the city of Tulsa says about their proposed language for use in a Plat Covenant:

"The covenants and easement paragraphs and text provided herein have acceptable wording for use in plats in the City of Tulsa. They are not all the restrictive covenants nor easements that may be required for the Deed of Dedication and Restrictive Covenants of any given plat, but are intended for use for the major items that occur frequently that have a significant impact for the City of Tulsa. You should select the ones that apply to your plat. Blanks are shown that must be filled in for your specific plat. Some items may need modification to fit the specific conditions and characteristics of your plat."

Seems at least in Tulsa that the Plat Covenant becomes an agreement between the municipality and the HOA. I would guess that you need the municipality's approval to change the terms once it's been accepted and filed.

That IMO would give it higher authority than CC&Rs.

Sikubali jukumu. Read all posts at your own risk.

LarryB13 (Arizona)
Posts: 4,099

Posted:

Quote:

Posted By NpS on 06/02/2016 7:40 PM
Here's what the city of Tulsa says about their proposed language for use in a Plat Covenant

This appears to be boilerplate acceptable to the city of Tulsa for inclusion on a surveyor's plat as needed. Since none of the parties have seen fit to post a copy of what they call "Plat Covenants," I am not certain that the Tulsa documents have any application to the subject under discussion.

In my own searches I found numerous documents containing the words "Plat" and "Covenants" but the only matches I found on the exact phrase "Plat Covenants" were all from Indiana HOA's. Of those, I did not find a single surveyor's plat so I have no idea where the phrase comes from.

RichardP13 (California)
Posts: 3,868

Posted:

Quote:

Posted By LarryB13 on 06/02/2016 8:31 PM

Posted By NpS on 06/02/2016 7:40 PM
Here's what the city of Tulsa says about their proposed language for use in a Plat Covenant

This appears to be boilerplate acceptable to the city of Tulsa for inclusion on a surveyor's plat as needed. Since none of the parties have seen fit to post a copy of what they call "Plat Covenants," I am not certain that the Tulsa documents have any application to the subject under discussion.

In my own searches I found numerous documents containing the words "Plat" and "Covenants" but the only matches I found on the exact phrase "Plat Covenants" were all from Indiana HOA's. Of those, I did not find a single surveyor's plat so I have no idea where the phrase comes from.

And the OP is from Indiana.

NpS (Pennsylvania)
Posts: 4,216

Posted:

Quote:

Posted By RichardP13 on 06/02/2016 9:09 PM

Posted By LarryB13 on 06/02/2016 8:31 PM

Posted By NpS on 06/02/2016 7:40 PM
Here's what the city of Tulsa says about their proposed language for use in a Plat Covenant

This appears to be boilerplate acceptable to the city of Tulsa for inclusion on a surveyor's plat as needed. Since none of the parties have seen fit to post a copy of what they call "Plat Covenants," I am not certain that the Tulsa documents have any application to the subject under discussion.

In my own searches I found numerous documents containing the words "Plat" and "Covenants" but the only matches I found on the exact phrase "Plat Covenants" were all from Indiana HOA's. Of those, I did not find a single surveyor's plat so I have no idea where the phrase comes from.

And the OP is from Indiana.

All of what you say may be true. Didn't do a lot of research. However, the quote that I provided was under the heading "PLAT COVENANTS.

After the part I quoted, there were pages of options on wording. It was obvious that the City of Tulsa was giving anyone who wanted to file a Plat Covenant a series of choices about the boilerplate to use.

My interpretation was that a Plat Covenant involves a covenant between the municipality and the HOA and it precedes the covenant between the owners.

OK and IN are in the same geographic region. Realistic to think that "Plat Covenants" in both places have a similar origin and meaning.

Sikubali jukumu. Read all posts at your own risk.

AugustinD
Posts: 5,144

Posted:

Quote:

Posted By LarryB13 on 06/02/2016 7:02 PM

Thank you ever so much for lecturing me on what documents most HOA's have. Around this part of the world no one has ever heard of "Plat Covenants Conditions and Restriction." We seem to be able to get along with just a "Declaration of Covenants, Conditions, and Restrictions." This Plat Covenant thing seems to be unique to Indiana as the few examples of documents denominated as such that I found all came from that state.

I have never in my life encountered a contract that the parties could not amend by mutual agreement. What makes your Plat Covenants different?

I thought it was interesting that some places have these "Plat Covenants." I appreciate the education DavidB43 and Kathy are providing here on this. The contribution from NpS regarding Tulsa Oklahoma is also interesting. Seems like "Plat Covenants" in Indiana and Tulsa are a distant cousin of zoning rules, in the vein of what NpS wrote. The following contains an Indiana county's and an Indiana City's requirements for plats.

http://co.johnson.in.us/wp-content/uploads/2013/01/SCO_current.pdf

http://www.richmondindiana.gov/Assets/Subdivision+of+Land.pdf

They give the option of adding covenants per either the Developer's desires or the County Commission's (or City's Plan Commission) recommendations.

Regarding amendment of plat covenants to allow certain additional structures, this Indiana court of appeals opinion seems relevant:
http://www.in.gov/judiciary/opinions/pdf/04100802jgb.pdf

Note that, where no such amendment procedure is given, the court opinion speaks of 100% of the owners having to approve an amendment but then backs off making the 100% approval requirement a part of the opinion.

But let's say Larry is right and that if all owners agree, the plat covenants can be amended. Here, KathyB13 and DavidB43 do not agree. So by this reasoning, the Plat Covenants may not be amended.

If the Plat Covenants speak of a majority being able to amend, as TimB suggests, then I think a court opinion might be needed. It's coming down to periods and commas, in my opinion.

I wish Kathy and David would identify what the exact wording is on their plat covenants. Also knowing the county or city where their HOA is would help.

DavidB43 (Indiana)
Posts: 16

Posted:

I did put the exact language of the plat covenants above. It says Verbatim. At expiration it will automatically renew for 10 year increments, or we can totally disregard them. The Plat Covenants is what we govern our community with. It speaks of mini barns, above ground pools, parking, etc. The Declaration mostly is the duties of the Developer/Board,the Declarant etc. I thought everyone had Plat Covenants. Interesting. So the Board must use the Plat Covenant to govern the community and we essentially cannot touch that until the time it expires, and then the Community can vote it out with a simple majority vote. 51% It takes 75% vote to amend the Declaration.

DavidB43 (Indiana)
Posts: 16

Posted:

I did put the exact language of the plat covenants above. It says Verbatim. At expiration it will automatically renew for 10 year increments, or we can totally disregard them. The Plat Covenants is what we govern our community with. It speaks of mini barns, above ground pools, parking, etc. The Declaration mostly is the duties of the Developer/Board,the Declarant etc. I thought everyone had Plat Covenants. Interesting. So the Board must use the Plat Covenant to govern the community and we essentially cannot touch that until the time it expires, and then the Community can vote it out with a simple majority vote. 51% It takes 75% vote to amend the Declaration.

DavidB43 (Indiana)
Posts: 16

Posted:

We are in Noblesville. Hamilton County.

AugustinD
Posts: 5,144

Posted:

Quote:

Posted By DavidB43 on 06/03/2016 9:40 AM
I did put the exact language of the plat covenants above. It says Verbatim. At expiration it will automatically renew for 10 year increments, or we can to

I beg your pardon DavidB; now I see it. To repeat, your and Kathy's Plat Covenants state:

"The within covenants, limitations and restrictions are to run with the land and shall be binding on all parties claiming under them. These covenants shall be in full force and effect for a period of 25 years from recording date. At which time said covenants shall automatically extend for successive periods of 10 years unless by vote of the majority of the THEN owners of the lots, it is agreed to change the covenants in whole or in part. Invalidation of any of the covenants by judgement of court order shall in no way affect any of the other provisions, which shall remain in full force and effect."

My take is that the only possible way to amend the Plat Covenants would be a 100% agreement by the owners, and even this is not a sure thing were it challenged in court. A court might very well say that all owners agreed to this language when they bought; there is zero explicit provision for amendment; so no amendment is allowed until 25 years have passed and a majority votes thusly. Why is this so? Because my impression is that the Plat Covenants are a legal agreement not just among owners but also with the County and/or City.

AugustinD
Posts: 5,144

Posted:

Quote:

Posted By DavidB43 on 06/03/2016 9:42 AM
We are in Noblesville. Hamilton County.

Hamilton County Subdivision Regulations: http://www.hamiltoncounty.in.gov/DocumentCenter/Home/View/1423

Looks to me like the County Commission signs off on the plats, concurring with any covenants that plat imposes. So the Plat is an agreement with the county. The pages marked 19 and 20 of the original document (24 and 25 of the pdf document), among others, seem to support KathyB and DavidB's interpretation.

NpS (Pennsylvania)
Posts: 4,216

Posted:

Quote:

Posted By AugustinD on 06/03/2016 9:49 AM
My take is that the only possible way to amend the Plat Covenants would be a 100% agreement by the owners, and even this is not a sure thing were it challenged in court. A court might very well say that all owners agreed to this language when they bought; there is zero explicit provision for amendment; so no amendment is allowed until 25 years have passed and a majority votes thusly. Why is this so? Because my impression is that the Plat Covenants are a legal agreement not just among owners but also with the County and/or City.

My take is that it would take 100% of the owners PLUS the municipal govt who all must agree. Agreement by the govt may be just a formality, but best to verify with them first.

Sikubali jukumu. Read all posts at your own risk.

RichardP13 (California)
Posts: 3,868

Posted:

It would seem the Plat Covenants are region specific. They also look like Rules and Regulations, that CAN'T be changed. If I were an association that had such covenants in place and wanted to challenge their legality, I would take this in front of a judge.

LarryB13 (Arizona)
Posts: 4,099

Posted:

Quote:

Posted By NpS on 06/03/2016 10:02 AM
My take is that it would take 100% of the owners PLUS the municipal govt who all must agree. Agreement by the govt may be just a formality, but best to verify with them first.

I wonder what genius thought this one up. Now the HOA is operating under "color of authority" thus subjecting everyone to claims of civil rights violations under 42 USC 1983.

AugustinD
Posts: 5,144

Posted:

Quote:

Posted By LarryB13 on 06/03/2016 11:13 AM

Posted By NpS on 06/03/2016 10:02 AM
My take is that it would take 100% of the owners PLUS the municipal govt who all must agree. Agreement by the govt may be just a formality, but best to verify with them first.

I wonder what genius thought this one up. Now the HOA is operating under "color of authority" thus subjecting everyone to claims of civil rights violations under 42 USC 1983.

Importantly, this would include deprivation of HOA voting rights. Case law has much discussion about the quasi-governmental nature of HOAs. When a HOA breaks its own Bylaws with regard to voting, I support being able to bring suit under federal law. Well done, Indiana.

KathyB13 (Indiana)
Posts: 18

Posted:

Yes that's exactly right. We have to wait until they expire in 8 more years..then we can disregard them with a simple majority vote ( 51% ) We can have reasonable rules and regs, but we cannot change the original intent of the Plat Covenants that say "THERE WILL BE NO MINI BARNS OR DETACHED STORAGE UNITS IN THIS SUBDIVISION."

KathyB13 (Indiana)
Posts: 18

Posted:

Thank you for this page, I will be using it in our upcoming meeting. My Board hates me now anyway for stopping them. LOL

AugustinD
Posts: 5,144

Posted:

Quote:

Posted By KathyB13 on 06/03/2016 11:49 AM
Thank you for this page, I will be using it in our upcoming meeting. My Board hates me now anyway for stopping them. LOL

I think that if this particular board hates you, then I suspect you're doing something right. From afar, good luck, and I hope you will post an update as things develop.

KathyB13 (Indiana)
Posts: 18

Posted:

I will absolutely update the progress. Thanks to everyone for all the input. Wish me luck!

NpS (Pennsylvania)
Posts: 4,216

Posted:

Best of luck Kathy.

As far as deprivation of civil rights are concerned, don't think that has any play here.

Getting back to basics: If you want to build a development, you must have it approved by the zoning authority. This was done.

The OP also has CC&Rs. That's where civil rights violations might take place.

But ... Any municipality has the right to impose requirements on the use of the land. That's what zoning is - and every owner is bound by it.

Don't have plat covenants here. But here's my example of the right of the township to control.

We don't have dedicated streets. Recently we went to the township to find out what we needed to do to dedicate. The answer was - If it wasn't dedicated originally, it will never be dedicated. The township has no obligation to take on a responsibility that wasn't in our original filings as they were originally approved.

Sikubali jukumu. Read all posts at your own risk.

BobD4 (up north)
Posts: 1,002

Posted:

Good comments above.

While I normally depend on The National Enquirer for complex issues, good ole Wikipedia links the term PLAT to the way it is used in one of our jurisdictions : namely within the context of a planning approved system of survey boundaries, and especially a plan of subdivision.

Where intended to refer merely to a planning-approved survey system, I don't see incompatibility with typical condo/HOA governance documents in place. But there may be a concern with expansion of a shared ownership community by acquisition or some way that would cause planning concerns.

The OP respectfully needs to look further for an amending formula within what she refers to as a PLAT. Maybe the planning approvers absolutely wanted none such.

Otherwise I add my vote to as seen by AugustinD ( NM ) and others : no PLAT amendments otherwise except as to terminating/changing the 10 year renewals such also effective from time to time ONLY at the future self-renewal dates.

I hope the resistance to Barns is not some sort of vicious attack on farmers & farm activity . . .

PitA
Posts: 1,416

Posted:

no farms = no food

once upon a time, in a land far, far away

today, our food is mass produced in factories from ...........