Re: CC&R's

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From: George, W5YR (w5yr@att.net)
Date: Tue Dec 26 2000 - 23:01:27 CST


In Texas, the CC&Rs attach themselves to the ownership of the property
and "live on" even after the original author may have moved away or lost
interest or whatever. They are filed just like a deed and constitute an
emcumbrance on the property.

If no one "cares" to object to any violation, then there is no problem -
at that time. But, with CC&Rs, if at any time in the future someone
moves into that area and decides to object to something, their objection
takes on the force of law and they have an action that can be taken to
court. And usually win.

I know of no legal way to circumvent CC&Rs once they attach themselves
to a property. They are just like the property lines on the ground -
part of the deal.

I suppose that one could somehow get all the property owners involved
together and get some sort of legal instrument developed that would
modify the CC&Rs and/or replace them, but I have not heard of that being
done.

In my case, one developer started the area I live in and wrote very
stringent covenants. Before the land was fully developed, he sold to
another developer who had some sense and who effectively cancelled the
original covenants and replaced them with sensible covenants. Those who
settled here first are stuck with the original ones on their deeds,
while those of us who came later are not. I suspect that it would be a
trivial matter to have those deeds "adjusted" to reflect the current
covenants, but again I do not know what the law is.

Nasty business - buyer beware!

72/73, George W5YR - the Yellow Rose of Texas NETXQRP 6
Fairview, TX 30 mi NE Dallas in Collin county QRP-L 1373
Amateur Radio W5YR, in the 55th year and it just keeps getting better!
Icom IC-756 PRO #02121 (9/00) Kachina #91900556 (12/99) IC-765 (6/90)

Bob Hightower wrote:

> > This brings up a question that I have about CC&Rs...it seems that once the
> > developer moves on, he should no longer have any interest in the
> development,
> > and that these restrictions should expire, unless a HOA comes along to
> continue
> > them or rewrite them. Seems logical to me. What's the real story?
> >
>
> That seems to be the case. When we bought this place, 13 years ago, there
> were restrictiions filed, but no one to enforce them, and the city/county
> was not interested in doing so. The clerk told us that, as long as there was
> no HOA in existence, the restrictions were meaningless.
>
> There are 4 towers within a mile of my house, and a couple of verticals, not
> to mention the TV antennas, etc..
>
> OTOH, my brother lives in a restricted area, with a HOA, and he is forced to
> use a hidden vertical, cleverly camouflaged as a tree. Anything else brings
> the neighborhood cops down.


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