Post by Admin on Mar 12, 2014 15:10:06 GMT -5
Only two things of note; the Amendment did not reference the Covenants that it purported to amend. This has been discussed before under the topic of Chain of Title and is a required element of preserving use restrictions under the MRTA law, FS712. The "Amendment" refers only to the plats to identify the lots encumbered by the Covenants--and--
..it unlawfully ADDED a provision that said that at least one member of each parcel had to be age 55 or over.
One cannot ADD such a thing to a contract and call it an Amendment. Such a material change of contract would require the vote of 100% of the Members and all other interested parties such as financial institutions holding mortgages. SLohA apparently did not understand back then that a material alteration of a contract must be agreed to by ALL parties. (Maybe that's where this "majority" thing started.)
Although it is representing itself as a 55+ community and adhering to the reporting requirements, SLohA has NO authority to enforce any age restrictions. It is "pretending" to be age-restricted.
Disclaimer: I am not an attorney and the interpretations above are my opinion and offered for informational purposes only. These interpretations should not be relied upon if you are contemplating legal action. Consult an attorney for legal advice.
..it unlawfully ADDED a provision that said that at least one member of each parcel had to be age 55 or over.
One cannot ADD such a thing to a contract and call it an Amendment. Such a material change of contract would require the vote of 100% of the Members and all other interested parties such as financial institutions holding mortgages. SLohA apparently did not understand back then that a material alteration of a contract must be agreed to by ALL parties. (Maybe that's where this "majority" thing started.)
Although it is representing itself as a 55+ community and adhering to the reporting requirements, SLohA has NO authority to enforce any age restrictions. It is "pretending" to be age-restricted.
Disclaimer: I am not an attorney and the interpretations above are my opinion and offered for informational purposes only. These interpretations should not be relied upon if you are contemplating legal action. Consult an attorney for legal advice.