[TowerTalk] Anyone have experience challenging restrictive CC&R's ?

[John Langdon]

-----Original Message-----
From: michael watts [mailto:wy6k@yahoo.com]
Sent: Sunday, September 03, 2000 12:14 PM
To: John Langdon; thorh@worldnet.att.net; towertalk@contesting.com
Subject: RE: [TowerTalk] Anyone have experience challenging restrictive
CC&R's ?


"I now read every word of the CC&Rs and get signed statements from the
agent and the title company stating that I have been
given all CC&Rs in their entirety. "


IMHO, go to the courthouse and get what is actually filed there.  Sometimes
it is not what the sellers and realtors think!

Sometimes there are different filings for "Bozo Acres" Phase 9 than for
Phases 1-8.  I heard a story about a particular development that had failed
to file anything for "Phase 9".  The sellers, the HOA, and the realtors all
assumed the Declaration was the same at the other parts of the development,
but in fact there were no restrictions at all for that section! Sometimes it
really pays to do your homework.

Also, in some states, Texas included, you are responsible for what is at the
courthouse, and what the seller gives you or represents to you as the
restrictions does not matter.  I was told by one attorney that if the seller
told you there were no restrictions, and you closed on the property and
filed your deed, you must still live within the restrictions that are filed
at the courthouse, and you will not be able to get those changed nor will it
be likely you could collect any damages from the seller.  Caveat Emptor in
spades!

73 John N5CQ





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