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12-09-2004, 06:32 PM
| | Junior Member | | Join Date: Dec 2004
Posts: 3
| | | Question about CC& R
What is the name of your state? Florida
In the CC&R of my association, They list all lot numbers but did not list some. For example it states that the county public records, as recorded in in the plat book 44, page 54-58, lots 1 thru 150. unit 1 and lots 263 thru 506 of unit 2.
They missed lots 151 thru 262.
What is the legality of the missing lots. Do they pay dues or do they have to go by the CC&R. |
12-10-2004, 12:30 PM
| | | If it's not in writing, it didn't happen.
If it's in writing, that's the way it happened.  |
12-10-2004, 04:08 PM
| | Senior Member | | Join Date: Jan 2003
Posts: 19,145
| | | Are those lots listed in the condominium plat? In the municipal developers agreement? Consult with the title company who wrote the condominium master policy and see if they show the CC&Rs as applying to those parcels in question, and ask them why or why not. Perhaps there is another seperate document that established the authority of the association over those parcels?.
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12-10-2004, 06:45 PM
| | Junior Member | | Join Date: Dec 2004
Posts: 3
| | | Thanks for your reply's. This is a PUD development, sorry for not mentioning that. I found with a little research that there is four units in this development and the only two mentioned is the first two units. However, I did find in the CC&R Definitions the following
..."In the event that the # of lots approved for development within any one of the 4 subdivision units is modified by the city subsequent to the date of this declaration, then the terms of this Declaration shall be governed by said modfied # of approved lots with respect to each affected subdivision unit of the property, and with respect to the total modified # of approved lots within the property."
I think this covers the missing lot #'s but not sure and only if the units were modified after by the city, if no mods were done, then i'm not sure.
Again, thanks for your reply's and any views on this is welcomed. |
12-11-2004, 09:03 AM
| | Senior Member | | Join Date: May 2000 Location: Catatonic State
Posts: 75,781
| | Quote: |
Originally Posted by secgat What is the name of your state? Florida
In the CC&R of my association, They list all lot numbers but did not list some. For example it states that the county public records, as recorded in in the plat book 44, page 54-58, lots 1 thru 150. unit 1 and lots 263 thru 506 of unit 2.
They missed lots 151 thru 262.
What is the legality of the missing lots. Do they pay dues or do they have to go by the CC&R. | **A: do the title reports of the missing lots make reference to recorded CC&R's? | |
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