What is the name of your state? Idaho
I am a member of an owner's association LLC which was filed by the developer who provided for an operating agreement in the CC&Rs. This operating agreement is completed but not filed. Should I be provided with one? It has been 5+ years and still there is no operating agreement for me to see even though it is referenced in the text below. Plus there are association rules, these are open ended and can be changed by the property manager which is governed by the Operating Agreement. Also, is there any requirement for full disclosure to other members regarding management, number of lots owned, number of new lots acquired? At this point I can't even plant a tree in my yard without ACC approval or park in my driveway, this is crazy.
CC&R text for reference:
"Association Rules shall have the same force and
effect as if they were set forth in and were a part of this Declaration."
4.1 Organization of Association. Declarant intends to organize an entity to be known as Bridgetower Owners Association, L.L.C., an Idaho Limited Liability Company, the _Association,_ and shall file Articles of Organization and adopt an Operating Agreement, which Operating Agreement shall be incorporated into and made a part of this Declaration by reference. The Association_s duties and Member_s and Owner_s rights may be more particularly described or supplemented in the Operating Agreement, but the basic duties and rights of the Declarant, Members, lot Owners and the Manager as set forth in this Declaration shall not be altered by the Operating Agreement.
4.2 Members. Every lot Owner in the Subdivision, including the Declarant and excluding the Association, shall be a Member of the Association, which Membership is compelled as an incident to lot ownership for as long as that lot ownership is maintained. A Member_s membership interest in the Association is not assignable, and is appurtenant to the ownership of a lot. A Member_s interest shall not be transferred, pledged, or alienated in any manner and shall always be subject to the terms and conditions of this Declaration and the Operating Agreement of the Association.
I am a member of an owner's association LLC which was filed by the developer who provided for an operating agreement in the CC&Rs. This operating agreement is completed but not filed. Should I be provided with one? It has been 5+ years and still there is no operating agreement for me to see even though it is referenced in the text below. Plus there are association rules, these are open ended and can be changed by the property manager which is governed by the Operating Agreement. Also, is there any requirement for full disclosure to other members regarding management, number of lots owned, number of new lots acquired? At this point I can't even plant a tree in my yard without ACC approval or park in my driveway, this is crazy.
CC&R text for reference:
"Association Rules shall have the same force and
effect as if they were set forth in and were a part of this Declaration."
4.1 Organization of Association. Declarant intends to organize an entity to be known as Bridgetower Owners Association, L.L.C., an Idaho Limited Liability Company, the _Association,_ and shall file Articles of Organization and adopt an Operating Agreement, which Operating Agreement shall be incorporated into and made a part of this Declaration by reference. The Association_s duties and Member_s and Owner_s rights may be more particularly described or supplemented in the Operating Agreement, but the basic duties and rights of the Declarant, Members, lot Owners and the Manager as set forth in this Declaration shall not be altered by the Operating Agreement.
4.2 Members. Every lot Owner in the Subdivision, including the Declarant and excluding the Association, shall be a Member of the Association, which Membership is compelled as an incident to lot ownership for as long as that lot ownership is maintained. A Member_s membership interest in the Association is not assignable, and is appurtenant to the ownership of a lot. A Member_s interest shall not be transferred, pledged, or alienated in any manner and shall always be subject to the terms and conditions of this Declaration and the Operating Agreement of the Association.
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