HowardH3 (West Virginia)
Posts: 3
Posts: 3
Posted:
our restrictive covenants (23 July 1987) has a statement that" No lot shall be further subdivided or its boundary lines changed in any way" a couple of Months after it was published (november 87) a change was made to the covenant stating that the Common lot (lot 27) was to be swapped with lot # 19 and 19 was to become the common lot, Lot 27 was a 4 acre lot and the law stated that you had to have 5 acres to build so the document combined lot 26 and lot 27 and made it 1 lot for sale purposes the combined lot to be lot 26 (and lot 27 would cease to exist as a lot. All of the lot owners at the time signed this document and the company that started the association signed the document and it was recorded with the county. however the county failed to properly record the fact that the document was a change to the covenants and failed to show the combining of the 2 lots, all they did was switch the 2 lots and show lot 19 as the new common lot. The document also states that lot 27 has had the restrictive covenants removed from it because it would be covered under lot 26. All of the documents were misplaced (?) Both in the county offices and the association records, and all 26 families that signed the originals were never given a copy of the finished document. a homeowner bought the combined lot a couple of years later as 1 lot and after building on both parts of the lot he sold each part as a seperate entity reviving the lot # 27 as the designator for the illegal lot and and still is a homeowner on another lot he bought later. The current president is the owner of the illega lot 27 and him and the rest of the board, plus the original builder of the 2 houses. claim that it has been there for so long nothing can be done about it now. is there anything that can be done to rectify the problem and is the president really the proper president since lot 26 is the legal vote for this lot?