Master Deed Get Changed By Board

Started by DawnL6 • 6 replies • 218 views

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DawnL6 (South Carolina)
Posts: 226

Posted:

I live in SC,and have lived in the Association for 25 years.the board is doing this without voting,the whole complex just got painted from yellow since 1985 until now,and now black..with no I put,etc.And without attorney to my knowledge...Is this legal?

SheliaH (Indiana)
Posts: 6,964

Posted:

Sone of this is hard to read - slow down a little and use punctuation!

You seem to have two issues- painting and changing the master deed. Regarding the painting, are the buildings considered part of the common area? If so, maintenance and repairs, like painting, would be the board's job, so you may out have much say in what colors are chosen. It may be that black is easier to maintain than Yello- what was the board's response when you asked them - you DID ask them, didn't you?

The master deed changes may be more serious, so you might want to focus on that. Have you seen these changes? Has there been conversation about changing them? Are you sure these are actual changes or proposals? What do your documents say about amending the documents (yes, you have to read them again)?

Go to your next board meeting and start asking questions - bring your neighborswith you so they can also hear the answers. If it appears they're trying an end run around the documents, you may need to consult an attorney about your options. But first, be sure you can quote the appropriate sections - ask if they've consulted the association attorney and if not, why not (never assume).

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

TimB4 (Tennessee)
Posts: 21,059

Posted:

Are you in a condominium complex or single family homes?

Was the master deed actually changed or do you simply think it was because of the change in color?

Is a specific color mentioned in the master deed (aka covenants)?
If yes, please cite the section without mentioning the name of your development?

DawnL6 (South Carolina)
Posts: 226

Posted:

The deed has been changed in parts,the parts where the hhomeowners are responsible for everything now.
The original deed was about 140 pages,when it arrived on the associations website,it was 60+pages.

DawnL6 (South Carolina)
Posts: 226

Posted:

MelissaP1 (Alabama)
Posts: 13,836

Posted:

Sounds like no longer developer owned so they changed or updated the documents to reflect that. Which is then logical as you and the other owners now own the place. That means you and the owners must pay as only source of income.

Former HOA President

JanetB2 (Colorado)
Posts: 4,219

Posted:

Quote:

Posted By DawnL6 on 04/09/2024 9:23 PM
The deed has been changed in parts,the parts where the hhomeowners are responsible for everything now.
The original deed was about 140 pages,when it arrived on the associations website,it was 60+pages.

To change the CCR’s attached to your property would need the vote of homeowners. I would recommend going to your local county office where documents are filed and obtain copies of the before and after filings of your CCR’s if you do not approve or have concerns. It is illegal in most states to attach any documents to anyone’s property without their knowledge and in many without their potential consent or HOA members consent via majority.

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