At 08:45 PM 10/21/2005, Doug / K0ZU wrote:
>I am about to purchase a 4 year old home in an upper middle class scaled
>development.
>
>I spoke with one of the home owners today who informed me of the following:
>
>- The deed restrictions are over as the last lot was sold a few years back.
In my tract, the fact that the last lot was sold makes no difference. All
that happened is that certain rules changed automatically, and the voting
structure changed (before the last lot is sold, the developer gets multiple
votes per lot).
>- The development is 5 to 6 years old.
>- There was no home owners committee established once the deed restrictions
>
> dropped.
Doesn't mean that the rules aren't still there, nor that the restrictions
don't exist.
>- A meeting was held by all the home owners a couple years ago to see if
> there was interest in establishing a home owners organization but it was
> voted down.
But did they revoke the existing rules? That would generally require
recording something with the county.
>This property is in Colorado Springs.
>
>Do I have leg to stand on if I put a tower up according to city and county
>specifications? The limit is 60'
You need to talk to a lawyer in your area. A good friend of mine lived in
an area where the HOA had gone away some years before, but discovered to
his dismay that the recorded rules still existed, and so then, any
homeowner in the tract could attempt to enforce the rules by themeselves.
Naturally, one did. Many tens of kilobucks later, it was all resolved.
Certainly, you don't want to take the word of the seller or anybody with an
interest in the sale going forward (i.e. the real estate folks on either side).
>Thanks in advance
>Doug / K0ZU
>K0zu@adelphia.net
>
>
>
>_______________________________________________
>
>See: http://www.mscomputer.com for "Self Supporting Towers", "Wireless
>Weather Stations", and lot's more. Call Toll Free, 1-800-333-9041 with
>any questions and ask for Sherman, W2FLA.
>
>_______________________________________________
>TowerTalk mailing list
>TowerTalk@contesting.com
>http://lists.contesting.com/mailman/listinfo/towertalk
_______________________________________________
See: http://www.mscomputer.com for "Self Supporting Towers", "Wireless Weather
Stations", and lot's more. Call Toll Free, 1-800-333-9041 with any questions
and ask for Sherman, W2FLA.
_______________________________________________
TowerTalk mailing list
TowerTalk@contesting.com
http://lists.contesting.com/mailman/listinfo/towertalk
|