Oregon
City planning commission approved 16-unit planned unit development about 25 years ago. Statute of limitations has run out.
Subdivision Phase I includes common area (open space) in their deed. Subdivision Phase II was approved by the planning commission under the same name designation as Subdivision Phase I. Subdivision Phase I Declaration of Covenants, Restrictions and Easements mention Subdivision Phase II under Article II Development and Easements.
Surveyor changed name of Subdivision Phase II upon recording the Plat. The Planning Commission did not designate Phase II by that name.
County Surveyor says per the Plat, there are two distinct subdivisions recorded and Phase II does not own the common areas.
The Declaration of Covenants, Restrictions and Easements for Phase II requires assessments for open spaces. "The Property" is defined in the recorded plat. The plat does not include the common areas within the property description but Common Areas are shown with Subdivision Phase I on the plat.
The City claims all 16-units must pay for the maintenance of the common areas.
The Developer did not organize the homeowners association as a nonprofit corporation under ORS Chapter 65 per ORS 94.625 (1) and (2). The Developer did not adopt on behalf of the association, the initial bylaws.
Both Associations, Subdivision Phase I and Subdivision Phase II do not have elected boards. Phase II has been collecting funds to pay for maintenance of the common areas they do not own. To my knowledge Phase I has not.
The Declaration of Covenants, Restrictions and Easements for the Associations require unanimous consent for amending them. This most likely will be extremely difficult to accomplish as one unit owner of Phase I has fenced in one of the common areas.
Does the City have a right to require the Phase II Association to maintain the common areas they do not own?
How to amend the Declaration of Covenants, Restrictions and Easements so that there is a single Association with the same name and all unit members have the same rights to improve and responsibility to maintain the common areas?
City planning commission approved 16-unit planned unit development about 25 years ago. Statute of limitations has run out.
Subdivision Phase I includes common area (open space) in their deed. Subdivision Phase II was approved by the planning commission under the same name designation as Subdivision Phase I. Subdivision Phase I Declaration of Covenants, Restrictions and Easements mention Subdivision Phase II under Article II Development and Easements.
Surveyor changed name of Subdivision Phase II upon recording the Plat. The Planning Commission did not designate Phase II by that name.
County Surveyor says per the Plat, there are two distinct subdivisions recorded and Phase II does not own the common areas.
The Declaration of Covenants, Restrictions and Easements for Phase II requires assessments for open spaces. "The Property" is defined in the recorded plat. The plat does not include the common areas within the property description but Common Areas are shown with Subdivision Phase I on the plat.
The City claims all 16-units must pay for the maintenance of the common areas.
The Developer did not organize the homeowners association as a nonprofit corporation under ORS Chapter 65 per ORS 94.625 (1) and (2). The Developer did not adopt on behalf of the association, the initial bylaws.
Both Associations, Subdivision Phase I and Subdivision Phase II do not have elected boards. Phase II has been collecting funds to pay for maintenance of the common areas they do not own. To my knowledge Phase I has not.
The Declaration of Covenants, Restrictions and Easements for the Associations require unanimous consent for amending them. This most likely will be extremely difficult to accomplish as one unit owner of Phase I has fenced in one of the common areas.
Does the City have a right to require the Phase II Association to maintain the common areas they do not own?
How to amend the Declaration of Covenants, Restrictions and Easements so that there is a single Association with the same name and all unit members have the same rights to improve and responsibility to maintain the common areas?
