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To: William Tell

A big part of our problem was that the rules in the CC&Rs took less than half a page, and literally were rules like “No barbed wire fencing is allowed”.

One of the problems was the question, Could the HOA impose restrictions on use? One lawyer told us no. Another said yes. I’m inclined to believe the lawyer who said restrictions on the use of property required a change to the CC&Rs, and couldn’t be done by a simple majority vote of the BOD. But many of us bought our property before the HOA formed, and our impression was based on the CC&Rs...which the HOA seemed to disregard in favor of “Anything I want, I get”...


102 posted on 02/11/2013 5:11:41 PM PST by Mr Rogers (America is becoming California, and California is becoming Detroit. Detroit is already hell.)
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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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