Post by BagLady on Jan 7, 2014 9:33:34 GMT -5
Yesterday, my attorney, F ON, sent me a draft of the 4-count legal complaint against SLohA, which is to be filed "imminently".
As most of you who have been following the covenants expiration issue are aware, the complaint is that SLohA improperly recorded an encumbrance on my title in April 2013. Inasmuch as MRTA extinguished covenants on my title in 2010, SLohA's publicly-recorded encumbrance is a significant impairment of the integrity of my property's "free and clear" title.
The complaint asks the court to order SLohA to remove the encumbrance and requests a declaration from the judge regarding the MRTA status of my lot.
If the future judicial declaration finds that MRTA has, indeed, expired the covenants on my lot, this would have significant impact on the status of certain SLohA governing documents, as well as clarifying the legal and marketable status of my property. This will also affect most lot owners, as it is estimated that the majority of lots and common property covenants are also expired under MRTA.
If the future judicial declaration finds that MRTA has not expired covenants on my lot, then I will be happy to have clear and marketable title and will have spent a sizable amount of money to protect and defend what I believe to be a slander of my title.
Lawsuits are expensive and unfortunate--but fear of the unknown is the scariest part. It is my experience that "management" does not provide accurate and timely information to owners, and that is to be expected to a degree. BOD does, after all, have a duty to do what it believes to be in the best interests of the Association even if it means a legal disagreement with an owner.
MRTA is a relatively unknown law (though it was legislated in 1963) and involves complex real estate and property issues that require legal clarification in this instance. I will keep the community--the people--informed of progress so as to eliminate rumors, counter misinformation and reduce the unavoidable anxiety that will accompany progress of this legal question. The situation is unique in that the outcome affects not only my title, but the fundamental assumptions we make about the legal authority of SLohA to impact our homes and properties in the future.
As most of you who have been following the covenants expiration issue are aware, the complaint is that SLohA improperly recorded an encumbrance on my title in April 2013. Inasmuch as MRTA extinguished covenants on my title in 2010, SLohA's publicly-recorded encumbrance is a significant impairment of the integrity of my property's "free and clear" title.
The complaint asks the court to order SLohA to remove the encumbrance and requests a declaration from the judge regarding the MRTA status of my lot.
If the future judicial declaration finds that MRTA has, indeed, expired the covenants on my lot, this would have significant impact on the status of certain SLohA governing documents, as well as clarifying the legal and marketable status of my property. This will also affect most lot owners, as it is estimated that the majority of lots and common property covenants are also expired under MRTA.
If the future judicial declaration finds that MRTA has not expired covenants on my lot, then I will be happy to have clear and marketable title and will have spent a sizable amount of money to protect and defend what I believe to be a slander of my title.
Lawsuits are expensive and unfortunate--but fear of the unknown is the scariest part. It is my experience that "management" does not provide accurate and timely information to owners, and that is to be expected to a degree. BOD does, after all, have a duty to do what it believes to be in the best interests of the Association even if it means a legal disagreement with an owner.
MRTA is a relatively unknown law (though it was legislated in 1963) and involves complex real estate and property issues that require legal clarification in this instance. I will keep the community--the people--informed of progress so as to eliminate rumors, counter misinformation and reduce the unavoidable anxiety that will accompany progress of this legal question. The situation is unique in that the outcome affects not only my title, but the fundamental assumptions we make about the legal authority of SLohA to impact our homes and properties in the future.