Supplemental Declaration of Covenants

Started by JeanC • 1 replies • 1694 views

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JeanC (North Carolina)
Posts: 13

Posted:

Our Covenants state…‘declarant has right to add other tracts by filing a record of Supplemental Declaration of Covenants & Restrictions.'

Declarant sold a tract that is outside the boundaries (does adjoin).
He states that it was deeded/recorded along with the CCR. Further check of the warranty deed show reference to CCR's Deed Book/Page where CCR.

It is my understanding that a Supplemental Declaration of Covenants & Restrictions is a document filed with the same formalities as the original Declaration and recorded with the Register of Deeds.

Do you agree?

RobertR1 (South Carolina)
Posts: 5,164

Posted:

We have to know if you are still under developer control? Who is on your Board and do you all have the same CC&r's filed at court house. Where are you in NC, are there other associations around. It appears you may be an HOA, correct? how many units , are you built out. need more info.
But assuming (always a danger) your developer is correct legally, What does the courthouse records say about this adjoining property. If this Supplemental anything does not appear as a supplement to your documents in the court house, it is not a a legal document.......plain and simple, it must be recorded.

A quick on-line search of court house records will bear great information, also check not only property record of your association, check some named connected with developer in court records. If your documents, provided they are complete, there should be reference to any additions that can be added to the Regime.

Little by little, like peeling an onion you will begin to see the picture emerge, some pictures you will like, some you will not, but you want to make sure you got total picture. Check out links on left this page for state info, check search top of page for specific entries this site (about NC and changing or supplementing CC&R's.

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