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To: Mr Rogers
Mr Rogers said: "But many of us bought our property before the HOA formed, and our impression was based on the CC&Rs..."

The only reason I can see for a current owner to vote themselves INTO an HOA would be to control what the OTHER owners do with their property. The current owner already has title to and control over THEIR property.

Assuming that you meant that you agreed to convert your own ownership, what is it that you wanted to do or prevent being done to your neighbor's property? Further, did you not see the possible ramifications of granting some control of your property to others? It seems to me that you would be careful to preserve what you considered important in your present title.

If your CC&Rs consisted of only half a page, then that would probably yield to the association, through its Board, almost unfettered control over anything that had become "common areas".

The Declaration and Bylaws for the condo I bought into was about 60 typed pages, with references to the recorded maps.

125 posted on 02/11/2013 7:40:35 PM PST by William Tell
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To: William Tell

The CC&Rs allowed for the formation of an HOA. That was known when I bought the property. I did NOT have a choice about joining once the HOA formed. The older section the same developer built, with the same CC&Rs, never formed an HOA.

There is property less than a quarter mile from me, where the homes were built several years ago. If the remaining homes in that section are ever built, the CC&Rs will also allow for the forming of an HOA, and the current owners will have no choice then, either. They could, however, ask the builder to release their lots from the section, if it is ever built. However, he doesn’t have to grant them their request.

Since no HOA existed, I could only base my impression on how the HOA would run on the CC&Rs. And the guy who wrote them agreed that the HOA that formed took off in a direction he never imagined nor wanted when he wrote the CC&Rs.

And again, we had no common areas. Since there were no common areas, dissolving was made much easier.


127 posted on 02/11/2013 8:54:40 PM PST by Mr Rogers (America is becoming California, and California is becoming Detroit. Detroit is already hell.)
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