Post by Admin on Oct 14, 2013 0:44:38 GMT -5
Cross Post from AnonNews:
April 30, 2013
No Authority Granted to Amend by Declaration or "The Devil is in the Details"
There have been questions about this and I had no idea until the attorney brought it up at the meeting! The stated authorities granted by the Developer and to its successors form the basis of future acts. This authority is the foundation of everything done after the original Declarations were recorded in 1972, 1974 and 1975, all of which were identical except for the parcels identified in the Plats.
The Developer never declared nor granted any authority to Amend the Covenants (only By Laws and Rules):
As you can see by the wording, the only authority granted was that of RELEASE or otherwise removing parcels from restrictions by vote of 3/4 of other parcels in the Plat (note that EACH PLAT must separately vote and meet the threshold to RELEASE its parcels):
Page 5 Paragraph 17. Developer may at any time release any one or more lots shown on said plat from any or all of the restrictions and covenants running with the land herein set forth, and also from any ir all additional restrictions and covenants imposed pursuant to the divisions of Paragraph 16 above, provided the written consent thereto of the owner or owners of not less than three-fourths in number of the lots shown on said plat sH all be obtained.
This Declaration restriction passes to Successors, which was S-bag Lake Owner Improvement Assoc later changed to S-bag Lake Owners Assoc.
So, in addition to amendments to the Declaration occurring outside the chain of title and having been determined to be insufficient to preserve by FL appellate courts, the purported Amendments were filed without the authority of the Declaration itself.
April 30, 2013
No Authority Granted to Amend by Declaration or "The Devil is in the Details"
There have been questions about this and I had no idea until the attorney brought it up at the meeting! The stated authorities granted by the Developer and to its successors form the basis of future acts. This authority is the foundation of everything done after the original Declarations were recorded in 1972, 1974 and 1975, all of which were identical except for the parcels identified in the Plats.
The Developer never declared nor granted any authority to Amend the Covenants (only By Laws and Rules):
As you can see by the wording, the only authority granted was that of RELEASE or otherwise removing parcels from restrictions by vote of 3/4 of other parcels in the Plat (note that EACH PLAT must separately vote and meet the threshold to RELEASE its parcels):
Page 5 Paragraph 17. Developer may at any time release any one or more lots shown on said plat from any or all of the restrictions and covenants running with the land herein set forth, and also from any ir all additional restrictions and covenants imposed pursuant to the divisions of Paragraph 16 above, provided the written consent thereto of the owner or owners of not less than three-fourths in number of the lots shown on said plat sH all be obtained.
This Declaration restriction passes to Successors, which was S-bag Lake Owner Improvement Assoc later changed to S-bag Lake Owners Assoc.
So, in addition to amendments to the Declaration occurring outside the chain of title and having been determined to be insufficient to preserve by FL appellate courts, the purported Amendments were filed without the authority of the Declaration itself.