Rafter Spout
Junior Member
What is the name of your state (only U.S. law)? Colorado
We have a residence in a development on the a island at the USA.
This development exist of 14 lots, only on 8 lots is a building / residence.
We bought our residence 9 years ago; after moving in, a so called “President (Lady) of a HOME OWNER ASSOCIATION” approached us and told us, that this development
is under the control of this HOA, and a restrictive Covenants. We asked for some kind
of evidence or documents. We got a copy of a paper with some rules. This paper states on
top -COVENANTS- -- -- DEVELOPMENTMENT, included was also a very unfriendly letter from the “President” , which she called with her own words “Unfortunate Letter”.
On this paper and on this letter is not a Letter Head, not an address, not a date, no names of board-members, or any other members, no signature. “The Unfortunate Letter” has a signature of this “President”, but not a Letter Head, no address and no date.
1. Only from this time I was aware of this “Paper” entitled, “Covenants”, but I never saw any evidence or received an official letter from the HOA or any advice from a legal professional that they were legally binding.
2. This “document” was not referenced in the assignment of the lease by which I took possession of the property and not referred in the chain of title for my property.
3. This document was not recorded in the LAND MANAGEMENT OFFICE.
4. I concluded that this document was not legally binding upon me for a number of reason, which included the fact that it was not signed by any of the original owners or
any of the present board members or other members.
5. Prior to obtaining my property, I retained the service of an Attorney and was informed by him that the Covenants were not legally binding and that signing or paying monies to the Covenants would mean I was agreeing to be bound by them, and I should not do so.
6. Since we moved in, my wife and I were subject to harassment, bullying and threats by this “President” and some other neighbors, based on her false assertion that the Covenant were binding. (Some of the other Neighbors are refusing to join this association also).
Is this “Restrictive Covenants” binding and enforceable?
We very much would like to hear your opinion on this matter.
Thank you very much, and Kind Regards.
Rafter Spout
We have a residence in a development on the a island at the USA.
This development exist of 14 lots, only on 8 lots is a building / residence.
We bought our residence 9 years ago; after moving in, a so called “President (Lady) of a HOME OWNER ASSOCIATION” approached us and told us, that this development
is under the control of this HOA, and a restrictive Covenants. We asked for some kind
of evidence or documents. We got a copy of a paper with some rules. This paper states on
top -COVENANTS- -- -- DEVELOPMENTMENT, included was also a very unfriendly letter from the “President” , which she called with her own words “Unfortunate Letter”.
On this paper and on this letter is not a Letter Head, not an address, not a date, no names of board-members, or any other members, no signature. “The Unfortunate Letter” has a signature of this “President”, but not a Letter Head, no address and no date.
1. Only from this time I was aware of this “Paper” entitled, “Covenants”, but I never saw any evidence or received an official letter from the HOA or any advice from a legal professional that they were legally binding.
2. This “document” was not referenced in the assignment of the lease by which I took possession of the property and not referred in the chain of title for my property.
3. This document was not recorded in the LAND MANAGEMENT OFFICE.
4. I concluded that this document was not legally binding upon me for a number of reason, which included the fact that it was not signed by any of the original owners or
any of the present board members or other members.
5. Prior to obtaining my property, I retained the service of an Attorney and was informed by him that the Covenants were not legally binding and that signing or paying monies to the Covenants would mean I was agreeing to be bound by them, and I should not do so.
6. Since we moved in, my wife and I were subject to harassment, bullying and threats by this “President” and some other neighbors, based on her false assertion that the Covenant were binding. (Some of the other Neighbors are refusing to join this association also).
Is this “Restrictive Covenants” binding and enforceable?
We very much would like to hear your opinion on this matter.
Thank you very much, and Kind Regards.
Rafter Spout
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