GaryW12 (Alabama)
Posts: 56
Posts: 56
Posted:
I have what i feel is proof that our 1991 deed restriction changes were not done legally? Since that was a long time ago if this is indeed proof of unproperness.
1. does this mean we are under the old rules?
or
2. is it too late for some reason.
I was digging around with old newsletters from this sorry community that never seems to do anything right.
I noticed that since we have 281 lots, and to make DEED RESTRICTIONS CHANGES, you have to have sent a ballot out to every lot owner regardless if there is a house on it or not.
I found the newsletter that admitted only 175 were "represented" in the vote.
The 1978 deed restrictions say that to make a change within 30 years you must have a 90% voter approval. after 2004 you must have 75% or more.
26, These covenants and restrictions are to run with the land and
shall be binding upon the undersigned find upon all the parties and
all persons claiming under them until December 31, 2003, at which
time said covenants and restrictions shall automatically be
extended for successive periods of ten [10) years., unless comments-
ing with the year 1993 by a vote of ninety <90%) percent of the
then owners of all of the lots or tracts, or commencing with the
year 2003 by a vote of seventy-five percent of the then owners
of all of the lots or tracts, it is agreed to change said covenants
in whole or in part.
Well to me a 1991 vote would require NINTEY PERCENT OR MORE.
Well teh newsletter from OCT 1991 reads
Dear Uneducated Property Owners
This letter is to thank you -For the time and effort spent
in the return of the Amended Deed Restriction Ballot. We of the
Deed Restriction Committee can report a very -favorable result.
The ballots were counted on October 12, 1991, There are 281 lots
in $h!T4 Brains Community and 175 were represented in the votes The vote was
169 in -favor and 6 opposed. A majority of the lots were needed to
change the Deed Restrictions which is 141. We had Just over 60%
in favor. If it was a political victory with 60% , you would hear "landslide".
Well , neither 60% is higher than 90% or 75% had it been PAST 2004.......so this community
hands down is the WORST community in the history of the universe for having so many people that cannot read 2nd grader English. They took the VERY deed restrictions that stipulate what
was needed to make a change, and just pulled stuff out of thin air.
I just wanted o ask since this is clear that the vote was not 90% in favor....that it should be
deemed unfounded and that we SHOULD be under our 1978 rules which prohibit nasty filthy chickens.
I'm under the idea that they mailed out ballots to homeowners only, and NOT tract owners.
That is what they have been doing up til THIS election next weeek.
So since they have been doing there horrible business as usual, and I cant find one vacant lot owner that knew anything about a 1991 "deed restriction change"
seems to me that it would be a good arugemnt that we are not under the 1991 sissified and worse written rules.
1. does this mean we are under the old rules?
or
2. is it too late for some reason.
I was digging around with old newsletters from this sorry community that never seems to do anything right.
I noticed that since we have 281 lots, and to make DEED RESTRICTIONS CHANGES, you have to have sent a ballot out to every lot owner regardless if there is a house on it or not.
I found the newsletter that admitted only 175 were "represented" in the vote.
The 1978 deed restrictions say that to make a change within 30 years you must have a 90% voter approval. after 2004 you must have 75% or more.
26, These covenants and restrictions are to run with the land and
shall be binding upon the undersigned find upon all the parties and
all persons claiming under them until December 31, 2003, at which
time said covenants and restrictions shall automatically be
extended for successive periods of ten [10) years., unless comments-
ing with the year 1993 by a vote of ninety <90%) percent of the
then owners of all of the lots or tracts, or commencing with the
year 2003 by a vote of seventy-five percent of the then owners
of all of the lots or tracts, it is agreed to change said covenants
in whole or in part.
Well to me a 1991 vote would require NINTEY PERCENT OR MORE.
Well teh newsletter from OCT 1991 reads
Dear Uneducated Property Owners
This letter is to thank you -For the time and effort spent
in the return of the Amended Deed Restriction Ballot. We of the
Deed Restriction Committee can report a very -favorable result.
The ballots were counted on October 12, 1991, There are 281 lots
in $h!T4 Brains Community and 175 were represented in the votes The vote was
169 in -favor and 6 opposed. A majority of the lots were needed to
change the Deed Restrictions which is 141. We had Just over 60%
in favor. If it was a political victory with 60% , you would hear "landslide".
Well , neither 60% is higher than 90% or 75% had it been PAST 2004.......so this community
hands down is the WORST community in the history of the universe for having so many people that cannot read 2nd grader English. They took the VERY deed restrictions that stipulate what
was needed to make a change, and just pulled stuff out of thin air.
I just wanted o ask since this is clear that the vote was not 90% in favor....that it should be
deemed unfounded and that we SHOULD be under our 1978 rules which prohibit nasty filthy chickens.
I'm under the idea that they mailed out ballots to homeowners only, and NOT tract owners.
That is what they have been doing up til THIS election next weeek.
So since they have been doing there horrible business as usual, and I cant find one vacant lot owner that knew anything about a 1991 "deed restriction change"
seems to me that it would be a good arugemnt that we are not under the 1991 sissified and worse written rules.