Post by Admin on Mar 28, 2014 7:58:25 GMT -5
Much misunderstanding about this--and propaganda. I will relate what I understand from my attorney.
When I bought my property in 2010, the Covenants were not yet extinguished by MRTA. Two months AFTER I bought, MRTA extinguished the Covenants. However, extinguishment of the Covenants does not relieve me of the duty to pay my fair share of the costs of the amenities that I consume as a lot owner. It is called an "implied contract" that I agreed to when accepting the Deed. That is not in dispute.
Nor have I ever been one day late or a dollar short in any of my assessment payments, contrary to some insinuations by others.
If the Court finds that the covenants no longer encumber my property and have expired, then I am no longer a Member of the Association. ALL costs attributable to the costs of operating the governmental body SLohA no longer apply to me. That is something that will have to be "partitioned"--for instance, I would not be subject to paying any costs of elections and balloting which typically run a couple thousand/year. I would not pay any SLohA legal fees since I am not a Member of SLohA and there is no entity representing my interests. I would be required to pay for water & sewer, garbage collection, certain building and grounds maintenance and some administrative fees relative to handling accounting of "fair share" (no longer referred to as assessments).
I suspect that the reduction in my fair share to be modest but that will be an ongoing and negotiable task as this aspect of expiration of covenants unfolds with the Declaratory Judgements.
When I bought my property in 2010, the Covenants were not yet extinguished by MRTA. Two months AFTER I bought, MRTA extinguished the Covenants. However, extinguishment of the Covenants does not relieve me of the duty to pay my fair share of the costs of the amenities that I consume as a lot owner. It is called an "implied contract" that I agreed to when accepting the Deed. That is not in dispute.
Nor have I ever been one day late or a dollar short in any of my assessment payments, contrary to some insinuations by others.
If the Court finds that the covenants no longer encumber my property and have expired, then I am no longer a Member of the Association. ALL costs attributable to the costs of operating the governmental body SLohA no longer apply to me. That is something that will have to be "partitioned"--for instance, I would not be subject to paying any costs of elections and balloting which typically run a couple thousand/year. I would not pay any SLohA legal fees since I am not a Member of SLohA and there is no entity representing my interests. I would be required to pay for water & sewer, garbage collection, certain building and grounds maintenance and some administrative fees relative to handling accounting of "fair share" (no longer referred to as assessments).
I suspect that the reduction in my fair share to be modest but that will be an ongoing and negotiable task as this aspect of expiration of covenants unfolds with the Declaratory Judgements.
