LOT CONSOLIDATION - COUNTY v COVENANTS

Started by DanielD8 • 9 replies • 313 views

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DanielD8 (Colorado)
Posts: 1

Posted:

Our HOA covenants dated 2003 include the recorded plat defining the number of lots and indicates that "No further subdivisions or re-subdivision of any Lot or
combination of Lots as shown upon the recorded plat shall be permitted."
A homeowner obtained in 2019 the County's approval to combine/consolidate their two adjacent lots. I am looking for clarification on which recorded plat shall be used for the covenants' enforcement, the recorded plat in the covenants or the new plat approved by the County. Thank you.

TerriS6 (California)
Posts: 3,284

Posted:

This is California but when the lot between my neighbor and me was split, the area was incorporated into my lot number and my neighbor's lot number. The number of the lot that was split was discontinued. Maybe a resolution memorializing the consolidation and establishing the consolidated lot's description or I.D. Number? Because it seems there was no change in the actual area that is subject to the covenants.

DouglasK1 (Florida)
Posts: 2,046

Posted:

Since the CCRs do now allow combining lots, I'd say for association purposes, they are still two lots. Dues are owed on both, and both have a voting interest. CCRs would be enforced as if they are still two lots. You might be best off getting a legal opinion regarding any specific issues.

Escaped former treasurer and director of a self managed association.

ElleN (Idaho)
Posts: 4,420

Posted:

Quote:

Posted By DanielD8 on 07/20/2023 9:21 AM
Our HOA covenants dated 2003 include the recorded plat defining the number of lots and indicates that "No further subdivisions or re-subdivision of any Lot or
combination of Lots as shown upon the recorded plat shall be permitted."
A homeowner obtained in 2019 the County's approval to combine/consolidate their two adjacent lots. I am looking for clarification on which recorded plat shall be used for the covenants' enforcement, the recorded plat in the covenants or the new plat approved by the County.

Which covenants are you trying to enforce?

Do you have an objection to the consolidation of the two adjacent lots? I would.

Keep in mind that the County likely only cares about county ordinances. It likely could care less about the covenants in this instance.

SheliaH (Indiana)
Posts: 6,964

Posted:

In other words, you may need an attorney to sort this out.

If it is not right do not do it; if it is not true do not say it. Marcus Aurelius

TerriS6 (California)
Posts: 3,284

Posted:

You might someday have to record a lien against the property. I would use the county's legal description.

JohnC46 (South Carolina)
Posts: 14,265

Posted:

Quote:

Posted By DouglasK1 on 07/20/2023 9:38 AM
Since the CCRs do now allow combining lots, I'd say for association purposes, they are still two lots. Dues are owed on both, and both have a voting interest. CCRs would be enforced as if they are still two lots. You might be best off getting a legal opinion regarding any specific issues.

Dues do on two lots even when combined is an interesting point.

TerriS6 (California)
Posts: 3,284

Posted:

Check how the county handled the property taxes. Interesting question on assessments because your gov docs probably say assessment per lot. Maybe you will need an amendment to the declaration. In our lot split, even though it made each of our lots 50% bigger and eliminated one lot, our assessments did not increase.

KerryL1 (California)
Posts: 14,550

Posted:

We have several "combined" condo lots where an owner bought a unit next door. They still are treated as two units for assessments and for taxes. The HOA sends notices, etc. to each unit. There is no "new" plat.

JohnC46 (South Carolina)
Posts: 14,265

Posted:

Quote:

Posted By KerryL1 on 07/21/2023 9:44 AM
We have several "combined" condo lots where an owner bought a unit next door. They still are treated as two units for assessments and for taxes. The HOA sends notices, etc. to each unit. There is no "new" plat.

In my experience this is the common method.

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